How a Small Island Nation Hopes to Win the Battle for its Survival

A small Pacific island nation has pushed for the world’s highest court to rule on states’ climate change obligations. It is described as an important step in an increasingly intense fight for climate justice.

Vanuatu is one of several small island nations fighting for their future on the frontline of climate change.

Villages have been forced to relocate as rising sea levels have destroyed freshwater supplies and warming ocean waters have damaged coral reefs, exacerbated cyclones and driven away the country’s economically important tuna.

The Pacific nation has spearheaded an initiative that led the UN General Assembly to request a legal opinion from the International Court of Justice (ICJ) in The Hague in March 2023 on the obligations of states related to climate change.

‘A win for climate justice of epic proportions,’ said Vanuatu’s Prime Minister Ishmael Kalsakau at the time.

And late last week, the ICJ announced that hearings will begin on 2 December this year.

Two questions

The UN court will try to answer two questions: what obligations do countries have to protect the climate and the environment, and what should be the legal consequences for governments that, through inaction and high emissions, destroy the climate in a way that harms others? In particular, the Court will consider obligations to small, vulnerable island nations as well as to future generations.

The ICJ, commonly referred to as the world’s highest court, usually settles disputes between countries but also issues advisory opinions interpreting how existing international agreements apply to new issues. They are not binding, but are seen as a way to put pressure on governments and courts and pave the way for future lawsuits.

However, it is expected to take several months, perhaps years, before the ICJ issues its opinion. It is not clear how many countries or organisations will try to make their voices heard during the hearings or how long they might take.

Taking cases to court

More and more climate cases are being taken to courts and tribunals around the world, as a way of trying to get policymakers and companies to do more to reduce the greenhouse gas emissions that are warming the planet.

In May, for example, nine small island states won what has been described as a historic case in the International Tribunal for the Law of the Sea, which requires signatories to the Law of the Sea Convention to do more to protect the oceans from climate change.