In 2009, the Maldives’ council of ministers held a meeting… underwater. In
2021, Tuvalu’s foreign minister gave a speech while standing knee-deep in the
ocean. Small island states have long employed dramatic gestures to capture
attention before major international conferences and highlight their
vulnerability to climate change.Yet, behind these high-profile media stunts, these 38 countries, home to 65
million people—less than 1% of the global population—often leave negotiations
disappointed. The COP29 summit in November 2024 was the latest example: an
agreement for $300 billion in annual aid was dismissed as “insulting”
by these nations, which are now seeking justice in international courts.
Clarifying legal obligations
In March 2023, Vanuatu, a Pacific island nation, successfully pushed the
United Nations General Assembly to adopt a resolution requesting the
International Court of Justice (ICJ) to issue an advisory opinion on states’
legal responsibilities for environmental harm and possible reparations for
violations. Remarkably, the resolution passed by consensus.After hearing an unprecedented 98 countries in December, the ICJ, based in
The Hague, is set to issue an opinion clarifying international law regarding
states’ obligations to combat climate change. “This will guide global
climate policies and influence future negotiations,” explains Charlotte
Ruzzica de la Chaussée, a lawyer with the Commission of Small Island States
(Cosis). “It will also delegitimize some arguments used by polluting
nations,” adds Sébastien Duyck, a lawyer with the Center for International
Environmental Law.The initiative originated from 27 law students in Vanuatu, organized under
the Pacific Islands Students Fighting Climate Change campaign. “Thanks to
our petition, 19 communities affected by climate change shared their stories
during hearings,” says campaign director Vishal Prasad. “We hope
their voices will be reflected in the judges’ opinion. This is a critical
moment for international law to deliver justice for the most vulnerable and the
Global South.”
A first legal victory
In May 2024, island states secured a significant legal victory. Responding
to a request by Cosis, the International Tribunal for the Law of the Sea issued
a non-binding opinion stating that all nations are obligated to reduce
greenhouse gas emissions to combat climate change and protect marine
environments. “Island nations have done an extraordinary job of mobilizing
legal expertise and building capacity,” says Ruzzica de la Chaussée.Additionally, Vanuatu, Fiji, and Samoa submitted a proposal to the
International Criminal Court in September to recognize the crime of
ecocide—defined as acts causing long-term environmental harm.
“David vs. Goliath”
The strength of island nations lies in their unity. “In 99% of cases,
we stand together because we face the same challenges,” says Pepukaye
Bardouille, climate advisor to Mia Mottley, the Prime Minister of Barbados.
Gio. Gen 9th, 2025
