THE HAGUE, Netherlands — On Monday, Vanuatu called upon the highest court of the United Nations to acknowledge the detrimental effects of climate change in its ruling regarding the legal responsibilities of nations to combat this issue and to tackle the repercussions of their contributions to global warming.
Vanuatu, a small island nation, has taken a leading role in advocating for the World Court to issue an advisory opinion. It was the first among over 100 states and international organisations to present its perspective during the two weeks of proceedings.
Ralph Regenvanu, Vanuatu’s special envoy for climate change and the environment, addressed the court, stating, “We find ourselves on the front lines of a crisis we did not create, a crisis that threatens our very existence.”
Regenvanu emphasised the pressing necessity for a climate change response anchored in international law, distancing it from political influences.
“We seek the court’s acknowledgement that the actions which have inflicted significant damage on my community and countless others are illegal, that they must come to an end, and that reparations for their effects are necessary,” he stated.
The hearings commenced just one week following a strong rebuke from developing nations regarding the perceived inadequacy of the COP29 summit’s outcomes. At this summit, wealthier countries committed to delivering $300 billion annually in climate finance by 2035, aimed at assisting poorer nations in their efforts to address the challenges posed by climate change.
Although advisory opinions issued by the International Court of Justice, commonly called the World Court, lack binding authority, they carry substantial legal and political weight. Legal experts anticipate that the court’s forthcoming ruling regarding climate change will likely be referenced in related lawsuits across various jurisdictions, including Europe, Latin America, and other regions worldwide.
Cynthia Houniuhi, a youth climate activist from the Solomon Islands, addressed the judges, expressing that the future for young people in small island states remains uncertain, primarily influenced by a select few countries responsible for greenhouse gas emissions that drive climate change.
“As judges of the World Court, you hold the authority … to guide us in making necessary adjustments and restoring faith in humanity’s capacity to tackle the most significant challenge of our era,” she stated.
During the initial day of hearings, the court received testimony from representatives of Saudi Arabia, who cautioned the court to exercise restraint in its legal conclusions. They contended that existing United Nations treaties on climate change offer a comprehensive framework outlining the obligations of states.
Prince Jalawi Turki al Saud, representing the Saudi government, stated, “Imposing any obligations or consequences that exceed or conflict with those outlined in the specialised treaty regime on climate change could jeopardise the integrity of this regime and hinder future progress.”
Saudi Arabia is the largest exporter of crude oil globally, a fossil fuel contributing to the rise in greenhouse gas emissions.
On Monday, Germany asserted that the responsibilities of nations regarding climate change were outlined in the Paris Climate Agreement.
In addition to small island nations and various Western and developing countries, the court is set to hear from the leading global emitters of greenhouse gases. China is scheduled to present its position on Tuesday, while the United States will share its perspective on Wednesday. According to a revised schedule released late Monday, OPEC will not address the court.
The hearings are set to proceed until December 13. The court is anticipated to issue its opinion in 2025.
