Legal Clarity: A Historic Opportunity in the Fight Against Climate Change

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Attorney-General Graham Leung has stated that the upcoming advisory opinion from the International Court of Justice regarding State obligations to combat climate change represents a significant opportunity. Speaking at the Pacific Regional Speaker-shop for the International Court of Justice Oral Statement, he emphasized the need for legal clarity regarding international law’s requirements for States in taking climate action.

Leung highlighted that the core legal principles of international law, including State responsibility, environmental protection, and human rights, must be applied to the critical issue of climate change. He indicated that, for countries like Fiji, Vanuatu, and other Pacific Island nations, this matter transcends legal considerations.

“It is about our survival, our future, and the future of generations to come. The impacts of climate change are already threatening our homes, our livelihoods, and our cultures. Rising sea levels, increased cyclones, and shifting weather patterns are compelling us to confront challenging realities,” he remarked.

The Attorney-General noted that the ICJ’s advisory opinion presents a rare opportunity to specify what international law mandates of States in relation to addressing and mitigating climate change’s effects. He asserted that this is not merely a legal concern; it is fundamentally about survival.

Leung stressed the urgency of strengthening the legal framework governing climate challenges to ensure it is comprehensive, clear, and enforceable. He added that this advisory opinion could significantly influence international climate actions and agreements for years, shaping the behavior of States, the enforcement of climate treaties, and providing vulnerable countries with mechanisms to hold other States accountable for inaction.

“This is a moment to push for the enforceability of international climate agreements. It is crucial that legal principles such as the ‘no harm’ rule, common but differentiated responsibilities, and human rights obligations are duly recognized and applied in the context of climate change,” he said.

He further emphasized that international law is vital in addressing climate change, specifically regarding holding States accountable. He concluded by stating that through the ICJ, there is a chance to incorporate climate change within the broader context of international legal obligations, establishing rules that will guide climate action for future decades.

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