By Nilufer Oral, Director of the Centre for International Law, National University of SingaporeOn 2 December 2024, the Peace Palace opened its doors to an historic two-weeks of States and international organizations appearing before the 15-member Court to express their views on the obligations of States in relation to climate change, widely considered as a threat to humanity on a planetary scale. Vanuatu and the Melanesian Spearhead Group made the first opening statements with the voice of youth included.This historic moment for the International Court of Justice (ICJ), and the international community, started nearly four years ago by law students in the small island State of Vanuatu. Conscious of the previous unsuccessful initiatives, including that of Palau and the Marshall Islands in 2011 whose efforts were frustrated by a number of States, notably the US, Vanuatu strategically and carefully built its case with other Member States at the UN for a request to the World Court on the critical legal issues concerning climate change and related obligations of States. On 29 March 2023, the UN General Assembly (UNGA), by consensus, adopted resolution 77/276 titled, ‘Request for an advisory opinion of the International Court of Justice on the obligations of States in respect of climate change.’ The last time a request for an ICJ advisory opinion was adopted by consensus in the General Assembly was 75 years ago, on the ‘Reparation for Injuries Suffered in the Service of the United Nations.’The historic nature of this advisory opinion request was further amplified by the unprecedented number of States and international organizations who participated in the proceedings. Ninety-one written statements and 62 written comments from States and international organizations were followed by 107 oral submissions (96 by States and 11 by international organizations). For States such as Nepal, Barbados, Sierra Leone, the Cook Islands, Micronesia, and others, this was the first time appearing before the Court. The active engagement by small island States and geographically disadvantaged States is likely because of the existential threats they face from climate change and sea level rise. This trend of increased participation is also visible in other forums, such as the International Tribunal for the Law of the Sea (ITLOS), where the 2022 request for the climate change advisory opinion was made by the Commission of Small Island States on Climate Change and International Law (COSIS).This advisory opinion request was not only significant because of the number of States who participated but also in terms of the geographic representation of States. Since 1988, small island States have been at the vanguard of climate action, as Malta initiated the first UNGA resolution recognizing climate change as a common concern of humankind, followed by with the adoption of the Male Declaration on Global Warming and Sea Level Rise in 1989.In addition, the participation by Pacific
Gio. Feb 13th, 2025
