Attorney-General Graham Leung has emphasized that the upcoming advisory opinion from the International Court of Justice regarding state obligations to address climate change is a landmark opportunity. Speaking at the Pacific Regional Speaker-shop for the International Court of Justice Oral Statement, Leung noted that this moment presents a chance to gain essential legal clarity regarding international law’s expectations of states in terms of climate action.
Leung highlighted the importance of applying the foundational legal principles of international law—such as state responsibility, environmental protection, and human rights—to the urgent crisis posed by climate change. He underscored that, for nations like Fiji, Vanuatu, and other Pacific Island states, this issue transcends legal considerations; it is about survival and the future of upcoming generations. He pointed out that the repercussions of climate change are already endangering homes, livelihoods, and cultural heritage, with rising sea levels, more frequent cyclones, and shifting weather patterns presenting severe challenges.
The Attorney-General noted that the ICJ’s advisory opinion offers a vital chance to delineate what international law imposes on states in their efforts to address and reduce the impacts of climate change. He stressed that this situation is not merely a legal dilemma but one of existence. He believes that the effects of climate change are current challenges, and thus the legal framework governing these issues must be robust, clear, and enforceable.
Leung articulated that the advisory opinion could significantly influence international climate actions and agreements for years, potentially affecting state behavior, treaty enforcement, and holding accountable those countries that neglect their obligations. He argued that this is a pivotal opportunity to push for the effectiveness of international climate accords, ensuring that legal concepts such as the no-harm rule, common but differentiated responsibilities, and human rights obligations are duly acknowledged and integrated into the fight against climate change.
He concluded by stating that international law is crucial in tackling climate change, particularly in terms of enforcing accountability among states. Through the ICJ, there is a unique opportunity to weave climate change considerations into the broader framework of international legal responsibilities, which will help shape the rules guiding climate action for the foreseeable future.