Background on Vanuatu’s call for climate action

The Pacific Island nation of Vanuatu recently won a historic vote at the United Nations, calling on the world’s highest court to establish for the first time the obligations countries have to address the climate crisis.

Vanuatu beach shot from a plane

The legal responsibility of governments to fight climate change

Vanuatu argued that climate change has become a human rights issue for Pacific Islanders who have long faced the disproportionate impacts of rising seas and intensifying storms.

Importance of the UN International Court of Justice’s advisory opinion

The advisory opinion will be non-binding but will carry significant weight and authority, and could inform climate negotiations and future climate lawsuits worldwide. It could also strengthen the position of climate-vulnerable countries in international negotiations.

The significance of the historic decision

The resolution for an advisory opinion was passed by the majority, backed by more than 130 countries. Although the US and China did not express support. They did not object meaning the measure passed by consensus.

This is the first time the highest international court is called on to address the climate crisis. UN Secretary-General António Guterres said in his remarks to the assembly that the landmark decision is “essential.”

Countries 'climate obligations' international court

Hope for increased domestic and international climate action

Vanuatu’s Minister of Climate Change Adaptation hopes the opinion would be “greatly persuasive in terms of increasing domestic action and identifying what gaps in international law and domestic law need to be filled.” He added that the push to seek an advisory opinion from the world’s highest court began in an environmental law class in Fiji in 2019.

Significance for small island nations and larger Countries ‘climate obligations’

This request brings attention to the legal avenues small countries can take to fend off the worsening effects of the climate crisis. While the Paris Agreement is an essential part of the international legal framework for climate action, it is certainly not the only instrument, nor is it the most legally enforceable.

The impact of climate change on Vanuatu

Vanuatu suffers disproportionately from tropical cyclones, which are intensifying as the planet warms. This year has already been rough for the country, which is currently under a six-month state of emergency after a rare pair of Category 4 cyclones pummeled the country within 48 hours during the first week of March. The islands’ residents are still picking their way through the storms’ rubble.

The financial impact of climate change on Vanuatu

According to Vanuatu’s Minister of Climate Change Adaptation, the financial damage caused by the recent twin cyclones will likely amount to more than half of Vanuatu’s GDP. “It’s an enormous impact,” he said. “We just have to try to recover, rebuild, all the while knowing that we are coming up to the next climate impact.”

countries 'climate obligations' - Rich countries

Vanuatu’s successful vote at the UN International Court of Justice is a significant step towards addressing the climate crisis and establishing countries’ climate obligations. Although the advisory opinion will be non-binding, it carries significant weight and authority and could inform climate negotiations and future climate lawsuits worldwide. The decision is “essential,” says UN Secretary-General António Guterres. The push to seek an advisory opinion from the world’s highest court began in an environmental law class in Fiji in 2019, and the victory is a testament to the power of small island nations to advocate for themselves on the global stage.

Taking action against climate change is crucial, and there are many ways to do your part.

One of the most effective ways is by installing solar panels or heat pumps in your home. By doing so, you can reduce your carbon footprint and contribute to a cleaner, more sustainable future.