History in making as World Court to advise on climate

Perth Now

4 days ago

For the first time, the world's highest court will offer advice on the world's biggest problem.
It's a punchy slogan that has been wielded successfully by young campaigners to build global momentum behind a landmark international climate case first conceived by a group of Pacific-based law students.
While not legally binding, Wednesday's long-awaited "advisory opinion" from the International Court of Justice will clarify the responsibility of nations to prevent climate harm and redress damage inflicted from spewing out greenhouse gases.
Cynthia Houniuhi, one of the 27 law students from a Vanuatu university who hatched the idea to seek legal opinion from the World Court, has experienced first-hand the impacts of climate change on her Solomon Islands homelands.
The president of Pacific Islands Students Fighting Climate Change remembers returning to her father's home on Fanalei Island, where she observed a very different landscape than she had on previous visits.
Fewer houses, no children playing soccer on the sand and posts sticking out of the ocean, leftover from buildings otherwise consumed by the sea.
Pacific Island nations are particularly vulnerable to rising global temperatures.
Fiercer storms and cyclones are wreaking havoc, sea-level rise is threatening low-lying coastal villages, and weakened marine ecosystems are posing challenges for communities that rely on the ocean for food and income.
Rich countries are not immune, but small islands and low-lying developing countries' contribution to the problem has been far less, despite having to bear more of the costs and having fewer resources to adapt.
It's this injustice that has climate-vulnerable states pushing hard for faster emissions cuts as well as compensation for the loss and damage they have done little to create.
Ms Houniuhi is not expecting the World Court's advisory opinion to solve the climate crisis but says clarity around state obligations to act would make the law a stronger tool for holding governments to account.
She imagines a favourable result informing domestic climate legal activity, such as the case recently led by two Torres Strait Islanders, Uncle Pabai Pabai and Uncle Paul Kabai.
Australia's Federal Court ultimately rejected the case, determining the Commonwealth did not have a duty of care to protect their Torres Strait homelands from the impacts of climate change.
"The response from one of the uncles, it broke my heart," Ms Houniuhi tells AAP.
Getting the world's highest court to deliver an advisory opinion was no simple task for the global network of young climate campaigners, with a majority vote at the United Nations General Assembly required for it to proceed.
Vanuatu, a climate change-vulnerable South Pacific island nation of roughly 335,000, was the first to take up the cause.
From there, momentum built until a coalition of 132 nations unanimously adopted a resolution in 2023 to refer the case to the World Court.
Vanuatu's Minister for Climate Change Adaptation, Ralph Regenvanu, says such a display of state solidarity is significant and unlikely to be repeated ever again.
Mr Regenvanu, the first government official to listen to the young activists, is "very hopeful" for a strong outcome at the Peace Palace following favourable results in similar climate cases put to other top courts.
A good outcome, in his view, will clearly state that states have obligations under international law to prevent climate harm and to redress harm that's been done, as well as consequences for failing to act.
"There's a readily identifiable group of states who are the main offenders," he tells AAP.
"They're the ones who are going to bear the consequence of not fulfilling what, we hope, will be their legal duty to prevent climate harm."
The landmark case concludes ahead of the next round of international climate talks in November and Mr Regenvanu expects to use the advisory opinion to influence negotiations at the summit in Brazil.
Australia is still bidding to co-host the 2026 event alongside the Pacific and while Mr Regenvanu says the region's leaders remain committed, he was critical of some of the bigger nations' recent actions.
"Particularly the continuing rollout of new fossil fuel projects for the export market," he says.
University of Melbourne environmental law expert Jacqueline Peel says the World Court's stance on the science of climate change will be carefully watched.
"Particularly in the current context, where we have countries like the United States, for example, taking a very hostile view on climate science," she tells AAP.
Australia was among the 132 nations that co-sponsored the request for a World Court opinion but its submission took a "fairly narrow view" of its international obligations, centred around those already spelled out in the Paris Agreement.
Professor Peel says the advantage of Paris for big-emitting countries is that emission reduction targets and pacing are set by the nations themselves, rather than being subject to some broader international standard.
"Pacific countries would prefer that it's a broader approach that really emphasises the urgency of tackling the problems," she says.