Attorney-General Graham Leung has described the upcoming advisory opinion from the International Court of Justice (ICJ) regarding State responsibilities in combating climate change as a pivotal moment in legal history. During a speech at the Pacific Regional Speaker-shop for the ICJ Oral Statement, Leung emphasized the need for clear legal guidelines that outline the obligations of States in addressing climate action.
He pointed out that the key legal principles of international law, including State responsibility, environmental protection, and human rights, must be effectively applied to tackle the urgent crisis posed by climate change. For Pacific Island nations like Fiji and Vanuatu, this issue transcends legal boundaries; it is fundamentally about survival and the future of their communities.
“The impacts of climate change are jeopardizing our homes, livelihoods, and cultural identities,” Leung stressed, citing the looming threats of rising sea levels, intensifying storms, and unpredictable weather shifts. He noted that the ICJ’s advisory opinion is a critical avenue to elucidate the international legal obligations that States have in mitigating the repercussions of climate change.
This issue extends beyond legal frameworks; it is intrinsically linked to survival. Leung highlighted that the challenges posed by climate change are already manifesting, and there is a pressing need for a solid, clear, and enforceable legal structure to address this crisis effectively.
He believes that the ICJ’s opinion could significantly influence international climate policies and treaties in the future, potentially impacting how States interact, the enforcement of climate agreements, and how vulnerable nations can hold more developed States accountable for inaction.
“This is a moment to push for the implementation of enforceable international climate agreements,” Leung said, advocating for the acknowledgment and application of essential legal principles such as the ‘no harm’ rule, common but differentiated responsibilities, and human rights mandates in the context of climate change.
He concluded that international law is crucial in tackling climate change, particularly in ensuring accountability among States. By engaging with the ICJ, there is a unique opportunity to weave climate change into the wider framework of international legal obligations, setting the foundation for climate action in the years to come.