Vanuatu’s Landmark Climate Change Case Advances With 100 Oral Statements Now Scheduled At The ICJ Hearings

PORT-VILA (October 16, 2024) — The Registrar of the International Court of Justice (ICJ) yesterday released the schedule for the oral hearings as part of its consideration of an advisory opinion on climate change obligations. A record-breaking 100 oral statements are scheduled to be presented, with Vanuatu’s arguments scheduled for December 12. Eighty-eight will be from country delegations, including a joint statement from five Nordic countries, and the remaining will be from organizations. This follows the submission of 91 written submissions to the court, the highest number that the ICJ has ever received in any legal proceedings.

Slated to begin on Monday, 2 December 2024 at the ICJ in The Hague, The Netherlands, the oral hearing will follow the UN climate change summit in Azerbaijan. It is hoped that the Court will hand down its decision on the request for the advisory opinion — a significant climate action moment — in 2025.

This case originally came about through a successful global campaign spurred by the Pacific Island Students Fighting Climate Change, who sought to “bring the world’s biggest problem — climate change — before the world’s highest court.” Working in coalition with a core group of UN member states, the Vanuatu-led campaign culminated in the adoption of a consensus resolution by the UN General Assembly on 29 March 2023, triggering the now-pending advisory proceedings on climate change before the ICJ.

The announcement comes as a deluge of extreme storms in Asia, Europe and North America have left destruction in their wake. It also follows 15 months of global record-setting temperatures, which are at the root of extreme weather worldwide.

Despite emitting less than 0.02% of total greenhouse gas emissions, the Pacific islands are taking the brunt of the impact of rising sea levels. Their average elevation above the waves is between 1 and 2 meters and 90% of the islands’ population live within 5 kilometers of the coastline.

Arnold Kiel Loughman, the Attorney-General for the Republic of Vanuatu, said:

“The release of the oral statements schedule by the International Court of Justice puts us one step closer to one of the most important climate decisions of our time. The court’s advisory opinion will clarify the obligations of all nations to address historical climate change, as well as prevent future harm to the climate system, the environment and our fundamental human rights.

We are on the front lines of climate change; Vanuatu is projected to lose 25% of its gross domestic product (GDP) every year due to climate disasters. The impacts are already being felt by our communities. The lives of present and future generations are at stake.

If the current carbon emissions trajectory remains unchanged, Vanuatu and other small island states like us have a zero chance of surviving the deluge of threats that climate change has unleashed. Other climate vulnerable countries around the world are also suffering from the extreme disproportionate impacts of climate change, making these advisory proceedings equally important across all of the global south, evidenced by unprecedented participation in the proceedings. Globally, we need a seismic shift in global climate policy, a torrent of climate action, to ensure a more just and equitable future for all.

Vanuatu is hopeful the ICJ advisory opinion will usher in a new era of climate cooperation that clarifies legal responsibilities under international law and respects and protects human rights with clear paths to hold major polluters accountable for their lack of action. Climate change is amplifying the strength and frequency of the mega-storms that have hammered the entire world, from the U.S. to France to Vanuatu; all nations are suffering the consequences. We have no choice but to act, and the court decision will set the stage for real climate action and lasting solutions to climate change.

We are grateful for the support of the Pacific Island Forum, the Caribbean Community, and the Organization of African, Caribbean and Pacific States who were the early champions of this initiative, as well as the 18 core group member States that supported the campaign and the additional co-sponsors for the UNGA resolution. We encourage more countries to join us in advocating for accountability, justice and urgent action to address the severe threat of climate change.”

BACKGROUND

The ICJ Advisory Opinion would clarify how international law obligations apply to climate change. The Court’s opinion, while not legally binding, serves as a statement of current law by the International Court of Justice, the principal judicial organ of the United Nations, and holds great moral authority. On October 3, for example, the United Kingdom announced an agreement to hand over the Chagos Islands in the Indian Ocean to Mauritius, concluding negotiations that began after an ICJ Advisory Opinion recognized Mauritian claims of sovereignty.

An impactful advisory opinion in the Vanuatu case will motivate member states to take better domestic and multilateral climate action, such as developing more ambitious policy or legislation, submitting enhanced Nationally Determined Contributions to the Paris Agreement, or adopting measures to ensure human rights of vulnerable populations are being respected and protected.

Importantly, the UN General Assembly motion that initiated this case asked the ICJ to closely examine the harm inflicted on small island nations, which are particularly vulnerable to rising sea levels, increased and more severe storms, and other climate impacts.

The core group of countries that support the ICJ case comprises Angola, Antigua & Barbuda, Bangladesh, Costa Rica, Germany, Liechtenstein, Federated States of Micronesia, Morocco, Mozambique, New Zealand, Portugal, Romania, Samoa, Sierra Leone, Singapore, Uganda, Vanuatu and Vietnam.

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