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Small Island States Want International Court to Look Beyond Climate Justice Agreements – Global Issues

Cynthia Houniuhi, head of Pacific Island Students Fighting Climate Change at the International Court of Justice in The Hague. Credit: IPS
  • by Cecilia Russell (the hague and johannesburg)
  • Inter Press Service

He was the first person to speak about the court action initiated by the Pacific Islands Students Fighting Climate Change (PISFCC) and supported by the Vanautu government. In 2023, the UN General Assembly asked the ICJ to have an opinion on “the responsibilities of states in relation to climate change.” The vision requested is broad, going beyond the UNFCCC, the Kyoto Protocol, and the Paris Agreements.

Preparing for the 10-day hearing, Regenvanu said his island nation and its people have a vibrant culture for thousands of years that is “closely connected to the lands of our ancestors and the seas. But today, we find ourselves at the forefront of a problem we did not create. “

Arnold Kiel Loughman, Attorney General of Vanuatu, said the ICJ should have respected international law and held states accountable for their actions.

“Behavior that has brought humanity to the brink of disaster, that threatens the lives of all people, can be legal and have no consequences?” Loughman asked. “We urge the Court to confirm in clear terms that these contacts are preaching the obligations of states and international law, and that such preaching is of little consequence.”

Cynthia Houniuhi, head of Pacific Island Students Fighting Climate Change, which initiated the action, said climate change is undermining the “sacred contract” between generations.

“Outside our world, our bodies and memories are separated from the fundamental relationships that define who we are. They will not be lost for future generations. Their future is uncertain, it depends on the decision-making of a few major issuing states.”

Throughout the day, countries affected by climate change told the ICJ that climate change agreements do not preempt other aspects of international law. On its first day of hearings, the court heard from Vanuatu and the Melanesian Spearhead Group, South Africa, Albania, Germany, Antigua and Barbuda, Saudi Arabia, Australia, Bahamas, Bangladesh and Barbados.

At the end of the day, Barbados provided clear examples of how climate change affects the country and asked the court to consider strict obligations on states to reduce greenhouse gas emissions.

“Climate change is not some unstoppable force that individual countries have no control over. We must shut down the noise and accept that those whose actions have led to the current state of world affairs must provide a response commensurate with the destruction that has been caused. There is no equality, there is no justice, there is no equality,” said Bahamas Attorney General Ryan Pinder told the court.

Showing a photo of piles of what looks like debris, Pinder recalls the impact of Hurricane Dorian.

“You could easily mistake this picture for a pile of garbage. However, what you are looking at are lost homes and lost lives. A 20-meter storm surge hit the islands, contributing to an estimated $3 billion in economic damage. That’s about 25 percent of our annual GDP in just two days. The effects of such a storm are real. It includes displaced people, loss of education, livelihoods, and lost and missing loved ones, all because some countries ignored the warning signs of the weather.”

The demands of the Bahamas were clear and unalterable.

“It is time for these polluters to pay. The IPCC has been telling us for years that the only way to stop global warming is to make deep, rapid and sustained reductions in global greenhouse gas emissions. The world needs to reach net zero by 2050, which requires reducing GHG emissions by at least 43 percent over the next five years. Industrialized states need to take urgent action now and make amends for their decades of neglect.”

Saudi Arabia earlier in its progress stated that the UNFCCC, the Kyoto Protocol, and the Paris Agreement set the state’s obligations to protect the climate system from anthropogenic greenhouse gas emissions. They argue that giving legal status to future generations is dangerous and that obligations that do not match or exceed those agreed to in the special climate-related treaty regime will undermine ongoing and future progress in international efforts to protect the climate system.

However, Pinder told the court that climate agreements do not exist in isolation.

“Climate agreements refer to both human rights and the obligation to prevent. They did not abrogate existing international law, and those who say otherwise do not provide credible support for their proposition. The court must resist such dangerous attempts to distort and distort international law.”

IPS UN Bureau Report


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© Inter Press Service (2024) — All Rights ReservedOriginal source: Inter Press Service




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