By Dr. Zaheer Allam
The recent decision by the United Nations General Assembly to adopt a resolution proposed by Vanuatu, a small island nation in the South Pacific, is a momentous step forward in the pursuit of climate justice. With the support of 132 countries, this resolution empowers the International Court of Justice (ICJ) to define the legal obligations that nations have in protecting the climate and the people affected by climate change. This crucial development is essential not only for achieving climate justice but also for ensuring the survival and sustainability of small island developing nations and the Global South.
Vulnerable nations, particularly small island states and the least developed economies, are disproportionately affected by climate change. Rising sea levels, increasingly frequent and severe storms, and other devastating impacts of climate change pose an existential threat to these nations and their citizens. Consequently, it is critical to establish a robust international legal framework that holds nations accountable for their contributions to climate change and enforces the protection of those who bear the brunt of its consequences.
When issued, the ICJ’s advisory opinion will play a pivotal role in shaping national policies and potentially opening up new avenues within international law. Concepts such as a “Fossil Fuel Non-Proliferation Treaty” or the introduction of “ecocide” as an international crime have the potential to fundamentally change the way nations approach and address climate change. By integrating these concepts into international law, we can ensure that nations are held responsible for their actions and omissions that contribute to climate change and its devastating effects. Implementing these measures will curb the increasing profit margins of fossil fuel companies, redirecting funding flows toward sustainable alternatives.
In addition to the legal ramifications, the ICJ’s involvement in climate change is vital for achieving climate justice by advocating for the rights of small island developing countries and the Global South. Historically, these nations have had limited representation and bargaining power in international negotiations, often leaving them marginalized when crucial decisions are made. The ICJ’s authority in determining legal obligations offers these nations a powerful voice in the fight against climate change, ensuring that their unique vulnerabilities and needs are not overlooked.
One of the most pressing issues facing small island developing countries and the Global South is the need for funding to invest in sustainability transition pathways. The recent approval of a loss and damage fund at the COP27 summit in Sharm el-Sheikh, Egypt, was hailed as a historic victory for vulnerable nations. The fund aims to create a mechanism to assist low-lying, developing, and otherwise vulnerable countries that disproportionately bear the effects of climate change.
However, while the loss and damage fund represents a significant achievement, it is insufficient. The fund operates retroactively, compensating for the damage already done by climate change. To truly address the problem, we must also invest in preventative measures and sustainable development to avoid further damage and ensure the long-term survival of these nations. Additionally, mechanisms should be designed to transcend global and regional landscapes, extending to national and local levels, providing flexibility for countries to implement projects that indirectly aid in climate change mitigation. Some may argue that funds are being redirected to projects other than mitigation and adaptation; however, we must emphasize that sustainably improving the quality of life in these regions is also a priority, as they have been suffering from emissions produced by other countries. A true measure of equity and justice must prevail, despite the expected resistance to such discussions.
To achieve this, we need to establish mechanisms that address funding issues and ensure that resources are available for investment in sustainability transition pathways. Furthermore, we need to explore innovative funding mechanisms that can support sustainable development and climate resilience in vulnerable nations. This could include debt-for-climate swaps, where debt relief is granted in exchange for investments in climate adaptation and mitigation measures, or the establishment of climate insurance schemes that help countries manage the financial risks of extreme weather events. Alternatively, we could incentivize decarbonization, or perhaps even couple it with disincentivizing emission-generating industries. A balance is required, and this same balance will be crucial in upcoming national budgets.