The application of the Pacific Island nation of Vanuatu to the International Court of Justice (ICJ), the highest court of the United Nations (UN), marks a new threshold in the global climate justice debate. It seeks clarification of countries’ legal obligations in the fight against climate change and recognition of the damages caused by their contribution to global warming.[1] Vanuatu’s call stands out as an important example of an effort by small island states to address climate change not only as an environmental issue, but also as a legal problem to be solved.
Climate change is a crisis that affects hundreds of millions of people and requires collective action by the international community. This crisis is not only environmental and economic, but also goes beyond politics and has begun to be discussed on a legal basis. In this sense, Vanuatu’s call to the ICJ is considered a critical step in making the role of international law in environmental protection more prominent.
The effects of climate change are felt all over the world. Consequences such as rising temperatures, rising sea levels, diminishing natural resources and more frequent extreme weather events make international cooperation in tackling this crisis imperative. Questions such as who is responsible and to what extent, and what legal obligations should be fulfilled in this struggle still remain to be answered. In the past, the ICJ has made important decisions on the link between the environment and human rights, pointing out that environmental degradation can be considered crimes against humanity or other violations of international law. Vanuatu’s application, however, goes beyond these decisions and seeks to determine the consequences of states’ inaction in the face of climate change in the context of international law.
Island states such as Vanuatu are among the countries that feel the impacts of climate change most deeply. Sea level rise, coastal erosion, intense tropical storms and degradation of ecosystems threaten their natural environment as well as their social and economic infrastructure. This leaves island states facing an existential crisis. Vanuatu in particular is known for its natural beauty and rich biodiversity, but this unique island community is vulnerable to the devastating effects of climate change.[2]
As Ralph Regenvanu points out, Vanuatu has had to be at the forefront of a crisis that it did not create. This raises the question of historical responsibility. Much of the carbon that has accumulated in the atmosphere as a result of industrialization is due to the economic activities of developed countries over many decades. However, the obligation to address climate change has been recognized as a common but differentiated responsibility of all countries.[3] Sea level rise leads not only to loss of land, but also to damage to key economic activities such as agriculture, tourism and fisheries. This threatens the sovereignty and sustainable future of countries. The Paris Agreement underlines this principle of responsibility and provides an important framework to support Vanuatu’s claim. Developed countries, as historically higher emitters of carbon, take more responsibility for investing in environmentally friendly technologies and climate finance. However, how effective these responsibilities are in practice is still a matter of debate. Since the beginning of industrialization, most of the carbon accumulated in the atmosphere has come from the economic activities of developed countries. Since combating climate change requires a concerted effort, the international community has adopted the principle of “common but differentiated responsibility”. This principle is one of the cornerstones of the Paris Agreement and envisages developed countries taking on more obligations in line with their historical responsibilities.[4] The Paris Agreement requires developed countries to invest in environmentally friendly technologies and provide climate finance to developing countries. However, the extent to which these commitments are being honored remains a matter of debate in practice. Vanuatu’s application adds a new legal dimension to the global climate struggle by demanding that these responsibilities be more clearly defined by international law.[5]
Vanuatu’s call to the ICJ has received the support of more than 100 states and international organizations. This shows that a global consensus against climate change is beginning to emerge. Despite this support, divergent views and conflicts of interest persist within the international community. Developing countries draw attention to the inadequacy of legal mechanisms to compensate the damages of countries that have historically had no part in creating this crisis. On the other hand, developed countries continue to avoid commitments that would limit their economic growth. This leads to different positions on climate finance, technical assistance and legal liability.
Vanuatu’s submission is an important milestone in the global struggle for climate justice. It has the potential to shape the international community’s understanding of collective responsibility for climate change. The ICJ’s decision on this issue could have important consequences not only for Vanuatu and other island states, but for the whole world. It will also test how effective international law can be in the areas of environmental protection and sustainable development. If the ICJ more clearly defines countries’ obligations to combat climate change, it will not only be a legal victory, but also a step towards building a fairer global system. Vanuatu’s historic application opens the door to new debates on climate justice around the world. The international community’s ability to reach a common solution to this major crisis facing humanity will play a critical role in shaping not only the present, but also the future.
[1] “Vanuta urges World Court to recognize climate change harms”, Reuters, https://www.reuters.com/business/environment/world-court-open-climate-change-hearings-2024-12-02/, (Accessed: 02.12.2024).
[2] “Climate Change 2023: Synthesis Report”, Intergovernmental Panel on Climate Change, https://www.ipcc.ch/report/sixth-assessment-report-cycle/, (Accessed: 07.12.2024).
[3] “United Nations Framework Convention on Climate Change”, https://unfccc.int/, (Accessed: 07.12.2024).
[4] Ibid.
[5] Ibid.
