The National Times - Climate-hit Pacific Islands plot landmark UN court case

The International Court of Justice will start hearings on December 2 in a case that will test countries' climate obligations and whether they can be sued for failing to act.

Vanuatu's Attorney-General Arnold Kiel Loughman told AFP on Thursday that the case was "important" and could give climate-hit small island states more leverage to force change.

He met this week with his counterparts from Fiji, Kiribati, Papua New Guinea and Tuvalu to discuss the case, prepare legal arguments and meet experts.

"It concerns our very livelihood because climate change affects weather patterns, it affects our land and sea and basically the environment we live in," Loughman said.

And while there were countless international forums talking about climate change, he said there had been very little "action".

"As far as small island countries are concerned, we haven't seen much."

Despite emitting less than 0.02 percent of total greenhouse gas emissions, Pacific nations are more exposed to climate change impacts like rising sea levels.

In 2020, Vanuatu emitted 121,000 tonnes of carbon dioxide, compared to neighbouring Australia's 379 million tonnes, according to data from the World Bank.

"For too long, our region has withstood the brunt of climate impacts while contributing the least to the crisis," Loughman said.

He estimated the nation of roughly 313,000 people needs about US$1.2 billion by 2030 to pay for climate adaptation, mitigation and to cover related losses.

- 'Matter of survival' -

In March 2023, UN members asked the Hague-based court to rule on "legal consequences" for states that "have caused significant harm to the climate system and other parts of the environment", as well as obligations to future generations.

A record 100 oral submissions will be heard over two weeks of court proceedings later this year.

The court's final opinion will not be binding, but it can carry significant legal, moral and political weight.

International Court of Justice opinions are often taken into account by national courts.

Climate experts fear Tuvalu and Kiribati will be among the first countries to be swallowed by rising sea levels, while Fiji has been relocating communities to higher grounds since 2014.

Fiji's Attorney-General Graham Leung said the court case was "not simply a legal issue -- it is a matter of survival".

NASA analysis shows many Pacific nations will experience at least 15 centimetres (6 inches) of sea level rise in the next 30 years, which is particularly concerning given 90 percent of populations live within five kilometres (3.1 miles) of the coastline.

S.Mitchell--TNT