No Country Is Truly Independent When It Suffers Massive Damage Without Consequence Palau — World Issues
THE HAGUE AND NAIROBI, Dec 10 (IPS) – The obligation to be proactive requires governments to take fair, urgent and ambitious steps to mitigate the impacts of climate change and adapt to it. Rather than diminishing over time, this bond has, on the contrary, become stronger as scientific evidence grows. – Sandrine Maljean-Dubois of the DRCA After decades of colonial rule, Palau was the last country to withdraw from the UN Trusteeship. Palau celebrated 30 years of independence in October 2024 “and takes seriously the rights and responsibilities of independence. Independence should mean that Palau is free to shape its own future and be responsible for the security, safety, and well-being of its people,” said Gustav N. Aitaro, Minister of State for the Republic of Palau at the International Court of Justice. of Justice (ICJ).
“However, Palau is learning that the freedom of independence must come with a basic responsibility to the neighbor. All independent countries must ensure that the activities they allow on their territory do not cause serious harm to other nations. Human-caused climate change is now a major threat to the Palau people’s sovereignty and right to self-government.”
In 2021, a youth group in Vanuatu worked with its Prime Minister to seek an advisory opinion from the ICJ on the obligations of UN member states in relation to climate change and the legal consequences of these actions. About 100 states and 12 organizations have been assigned to the case and public hearings are ongoing in The Hague, the seat of the ICJ, to pursue a much-needed advisory opinion. Among those who presented their presentations today are Palau, Panama and the Democratic Republic of the Congo.
The Realization of Freedom is at Risk—Palau
Aitaro stressed that in order for Palau to fully realize its independence, “it should ask this Court to see that states have a legal responsibility to ensure that they do everything they can to prevent the emission of gas from their territory from causing serious damage to other states. To understand the threat posed by climate change in Palau, I invite you to travel with me to the real life of Palau, a reality that is deeply felt by the lasting effects of climate change.”
In the 1970s, higher than normal waves were rare and only one incident was recorded, but between 2010 and 2019, the number increased to five and there were four incidents in 2021 alone, Aitaro said, showing the court how badly Palau was affected. .
Ernestine Rengiil, Attorney General of Palau, emphasized that although climate change causes complex practical problems worldwide, as international law, the issue of climate change is straightforward. He said that common in the legal principles of all civilized nations is the idea that one’s property may be used to harm another’s.
That if a person uses or allows his property to be used in a way that harms another, that damage must be stopped and compensations must be paid in full. In common law systems, this is the law of nuisance.
“In the principles of civil law, this is slavery established by law—and in many principles of morality, this is simply the golden rule. In international law, this principle is better known as the law of transboundary damages and state responsibility. This principle is the basis of the freedom of all countries,” he said.
Rengiil called on the court to refuse to “make exceptions to the basic rules of the international climate change system. A few argue that because climate change is caused by a widespread set of greenhouse gas emissions, it will be very difficult in any future arguments to prove causation. But such practical problems exist in all cases and are not sufficient reasons to completely abandon basic legal rules.”
ICJ Needs to Emphasize International Obligations—Panama
In what forms the public hearing of David vs. Goliath, Panama’s size on the map was no obstacle to making a compelling case.
“Panama, despite its small size and contribution of only 0.03 percent of global emissions, is mindful of the challenges that require it to be among the few states that are carbon neutral. Panama does not change in the face of the bad behavior of others regarding human-caused global warming,” it said. Fernando Gómez Arbeláez, expert on international law issues.
Panama invited the court to consider the continuation of the consultation as “an important opportunity to address the inadequacy of the current Conference of the Parties, or COP, of the United Nations Framework Convention on Climate Change (UNFCCC). With an opinion of its own with great legal weight and moral authority, the court can provide much-needed legal clarity to strengthen international obligations and encourage a strong determination to address the global climate crisis.”
Human Rights and Due Diligence Work Together—DRC
In his submissions, the Democratic Republic of the Congo said that, although in the minority, some states are willing to use the relationship between the various sources of international law to require that they be read in categories and applied selectively. Emphasizing that the various international obligations of states are mutually exclusive and that compliance with one obligation in no way relieves them of their responsibility in relation to others.
Speaking on behalf of the DRC, Sandrine Maljean-Dubois, a teacher and researcher dedicated to international environmental law, spoke at length about the obligation of due diligence and human rights. To emphasize that these obligations are not contradictory. That the obligations of the UNFCCC framework and the Paris Agreement are reinforced by other international obligations. Insisting that the international climate regime, especially the Paris Agreement alone, will not prevent significant damage to the climate system.
“On the other hand, failure to use all available methods to prevent major damage to the climate system makes the state violate international law.” On the other hand, it is clear that each state must play its role. The obligation to prevent harm is recognized and reinforced by treaty obligations,” he said.
Maljean-Dubois said the duty of due diligence requires a high level of vigilance. As climate informed and enlightened by the IPCC reports, “the duty of care is for governments to take appropriate, urgent and ambitious measures to mitigate the effects of climate change and adapt to it. Rather than diminishing over time, this bond has, on the contrary, strengthened as scientific evidence has grown.”
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© Inter Press Service (2024) — All Rights ReservedOriginal source: Inter Press Service
