On September 11, Small Island States get their day in Court – St. Lucia News From The Voice

Small Island States Pursue Climate Justice Through International Legal System

By Sir Ronald Sanders

Introduction

In the face of unremitting climate change threats and unfulfilled promises from industrialized nations, leaders of small island states have courageously taken matters into their own hands. Their frustration with lackluster funding and inadequate solutions to fortify their countries against climate change has led them to pursue the power of the international legal system. They are seeking justice against those nations whose excessive greenhouse gas emissions pose an existential threat to their peoples.

The International Tribunal of the Law of the Sea (ITLOS)

The International Tribunal of the Law of the Sea (ITLOS) has consented to hear their groundbreaking case in which they are aiming to ascertain the legal responsibility of States for carbon emissions, marine pollution, rising sea levels, and the resultant damage inflicted on other states. The landmark hearing will take place in Hamburg from September 11 to 13, 2023.

The Birth of The Commission of Small Island States on Climate Change and International Law (COSIS)

It was just a short 21 months ago that the Prime Ministers of Antigua and Barbuda and Tuvalu, Gaston Browne and Kausea Natano respectively, showed extraordinary foresight and bravery by embarking on a novel legal journey to combat the threats of climate change to their peoples’ survival. An historic accord was signed on the sidelines of the COP26 meeting in Glasgow, giving birth to The Commission of Small Island States on Climate Change and International Law (COSIS) as an international body, registered with the United Nations Secretariat, with a mandate to pursue the implementation of international law regarding climate change.

Submission to ITLOS

Today, their daring initiative is reaping results. Supported by an international team of legal experts and representatives from five other small island states, their plea for an Advisory Opinion was submitted to ITLOS on June 16, 2023.

Key Questions Posed to the Tribunal

Two crucial questions are posed to the tribunal: Firstly, what are the State Parties’ obligations to prevent, reduce, and control marine environment pollution due to climate change effects, including ocean warming, sea level rise, and ocean acidification, all spurred by anthropogenic greenhouse gas emissions? Secondly, how must the marine environment be protected and preserved in the face of these climate change impacts?

Inadequacies in Funding Mechanisms

Their choice to engage the international legal system is the culmination of years of frustration over industrialized nations’ seeming lip-service and labyrinthine funding mechanisms, proposed at over years of meetings of the UN Committee of the Parties (COP).

• The Global Shield Solutions Platform
• The InsuResilience Solutions Fund
• The Global Shield Financing Facility set up at the World Bank
• The Climate Vulnerable Forum & V20 Joint Multi-Donor Fund
• The GEF Small Grants Programme structure

Among these are the Global Shield Solutions Platform, which builds on the InsuResilience Solutions Fund and a Global Shield Financing Facility set up at the World Bank; the Climate Vulnerable Forum & V20 Joint Multi-Donor Fund that promises to establish a loss and damage programme utilizing the GEF Small Grants Programme structure to make smaller funding amounts directly available to affected communities.

The ‘Loss and Damage’ Fund

Highlighting these inadequacies is the much-lauded ‘loss and damage’ fund, discussed for the first time at the 27th COP meeting in Egypt. While it was hailed as a breakthrough, the reality was a mirage. The practiced and clever negotiators of the industrialized states at COP27 did not establish a fund nor the means to make it operational; they merely agreed to set up a Transitional Committee comprising representatives from 24 countries—10 from developed countries, including the United States, and 14 from developing countries. The purpose of the Committee is to make recommendations to COP28 in December 2023, including on what countries should contribute to the fund, how the fund will be administered, and what funding arrangements might be possible.

Seeking Justice Through the International Legal System

When these convoluted mechanisms are coupled with a 13-year failure by industrialized nations to deliver on the promise of providing US$100 billion annually in climate finance for low- and middle-income countries, the resolve of small island state leaders to seek justice through the international legal system is fully understandable.

Resistance from Industrialized Nations

In pursuing the establishment of COSIS and seeking an Advisory Opinion from ITLOS, the leaders of small island states were frequently discouraged from their path by governments of industrialised nations. The latter fear edicts from international legal bodies which, at the very least, establish their obligations; they much prefer non-binding negotiations such as the COP process in which their considerably greater skills and leverage give them an advantage.

Nonetheless, the small island state leaders pursued their cause relentlessly, understanding that the stakes are too high to acquiesce to pressure. Their commitment resonates with the words of Prime Minister Gaston Browne, who declared, “The time for empty promises is over.” The leaders have been joined by 33 other countries and 9 international organizations in making submissions to ITLOS.

Implications of the ITLOS Hearing

The upcoming ITLOS hearing in September is a significant milestone, with implications that could redefine the climate change landscape. The fight waged by the leaders of Antigua and Barbuda, The Bahamas, Niue, Palau, St Lucia, St Vincent and the Grenadines, and Vanuatu through COSIS is not just for their nations. It’s a fight for climate justice that will resonate across the globe.

(The writer is Antigua and Barbuda’s Ambassador to the United States and the Organization of American States. He is also a Senior Fellow at the Institute of Commonwealth Studies at the University of London and Massey College in the University of Toronto. The views expressed are entirely his

SDGs, Targets, and Indicators

1. SDG 13: Climate Action

   • Target 13.1: Strengthen resilience and adaptive capacity to climate-related hazards and natural disasters
   • Target 13.2: Integrate climate change measures into national policies, strategies, and planning
   • Target 13.3: Improve education, awareness-raising, and human and institutional capacity on climate change mitigation, adaptation, impact reduction, and early warning
   • Target 13.5: Implement the commitment undertaken by developed-country parties to the United Nations Framework Convention on Climate Change to a goal of mobilizing jointly $100 billion annually by 2020 from all sources to address the needs of developing countries in the context of meaningful mitigation actions and transparency on implementation and fully operationalize the Green Climate Fund through its capitalization as soon as possible

2. SDG 14: Life Below Water

   • Target 14.1: By 2025, prevent and significantly reduce marine pollution of all kinds, particularly from land-based activities, including marine debris and nutrient pollution
   • Target 14.2: By 2020, sustainably manage and protect marine and coastal ecosystems to avoid significant adverse impacts, including by strengthening their resilience, and take action for their restoration in order to achieve healthy and productive oceans
   • Target 14.3: Minimize and address the impacts of ocean acidification, including through enhanced scientific cooperation at all levels

Table: SDGs, Targets, and Indicators

Analysis

1. SDG 13: Climate Action

   The article addresses the issue of climate change and the leaders of small island states seeking justice against nations with excessive greenhouse gas emissions. This aligns with SDG 13, which aims to take urgent action to combat climate change and its impacts.

   The specific targets under SDG 13 that can be identified based on the article’s content are:

   • Target 13.1: Strengthen resilience and adaptive capacity to climate-related hazards and natural disasters
   • Target 13.2: Integrate climate change measures into national policies, strategies, and planning
   • Target 13.3: Improve education, awareness-raising, and human and institutional capacity on climate change mitigation, adaptation, impact reduction, and early warning
   • Target 13.5: Implement the commitment undertaken by developed-country parties to the United Nations Framework Convention on Climate Change to a goal of mobilizing jointly $100 billion annually by 2020 from all sources to address the needs of developing countries in the context of meaningful mitigation actions and transparency on implementation and fully operationalize the Green Climate Fund through its capitalization as soon as possible

2. SDG 14: Life Below Water

   The article also mentions the issue of marine pollution and the need to protect marine and coastal ecosystems. This aligns with SDG 14, which aims to conserve and sustainably use the oceans, seas, and marine resources for sustainable development.

   The specific targets under SDG 14 that can be identified based on the article’s content are:

   • Target 14.1: By 2025, prevent and significantly reduce marine pollution of all kinds, particularly from land-based activities, including marine debris and nutrient pollution
   • Target 14.2: By 2020, sustainably manage and protect marine and coastal ecosystems to avoid significant adverse impacts, including by strengthening their resilience, and take action for their restoration in order to achieve healthy and productive oceans
   • Target 14.3: Minimize and address the impacts of ocean acidification, including through enhanced scientific cooperation at all levels

Behold! This splendid article springs forth from the wellspring of knowledge, shaped by a wondrous proprietary AI technology that delved into a vast ocean of data, illuminating the path towards the Sustainable Development Goals. Remember that all rights are reserved by SDG Investors LLC, empowering us to champion progress together.

Source: thevoiceslu.com

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