Attorney-General Graham Leung has described the upcoming advisory opinion from the International Court of Justice (ICJ) regarding State obligations to address climate change as a momentous opportunity. During the Pacific Regional Speaker-shop for the ICJ Oral Statement, he emphasized the importance of gaining legal clarity on what international law mandates from States concerning climate action.
Leung underscored the necessity of applying fundamental legal principles, including State responsibility, environmental protection, and human rights, to the urgent issue of climate change, which he labeled as the most significant challenge facing humanity today. He articulated that for nations like Fiji, Vanuatu, and other Pacific Island States, this is not merely a legal matter, but essential for survival and the well-being of future generations.
“The impacts of climate change are already jeopardizing our homes, livelihoods, and cultural heritage. We are confronting harsh realities due to rising sea levels, more frequent cyclones, and altering weather patterns,” Leung said.
He reiterated that the ICJ’s advisory opinion provides a crucial chance to elucidate what international law expects from States in terms of addressing and alleviating the consequences of climate change. According to Leung, this issue transcends legalities; it speaks to survival itself.
The Attorney-General stated that climate change effects are already present, necessitating a robust and clear legal framework to manage this crisis effectively. He indicated that the advisory opinion could have a lasting impact on international climate policies and agreements, possibly influencing State behaviors, enforcing climate treaties, and enabling vulnerable nations to hold others accountable for inaction.
“This is an opportunity to advocate for the enforcement of international climate agreements. We must ensure that legal principles such as the no ‘any harm’ rule, common but differentiated responsibility, and human rights obligations are recognized and implemented within the context of climate change,” he added.
Leung concluded by highlighting the critical role of international law in combating climate change, especially regarding holding States accountable. He emphasized that through the ICJ, there exists the potential to weave climate change considerations into the existing framework of international legal obligations, thereby shaping the regulations that will steer climate action for many years to come.