The Pacific Islands Forum Deputy Secretary General, Strategic Policy and Programs, Esala Nayasi presented for the Secretariat at the Oral Proceedings of the International Court of Justice (ICJ) on 13 December 2024 which was delivered following the earlier written submissions made earlier this year.
The Secretariat’s submission called for a number of key considerations for the ICJ to take into account when determining its Advisory Opinion on the legal obligations of, and legal consequences for, states under international law when failing to protect the climate system and environment.
Pacific Islands Forum Members have been a strong and leading force following Vanuatu’s efforts in securing the unanimous adoption of the March 2023 UNGA Resolution, enabling the UN Secretary General to formally request the the ICJ to commence the proceedings.
Mr Nayasi described that the Pacific Islands Forum Leaders have always recognized that climate change is the single greatest threat to the livelihoods, security and wellbeing of our People. He highlighted the 2050 Strategy for the Blue Pacific Continent (‘2050 Strategy’) as the overarching blueprint to advance Pacific regionalism for the next three decades, articulating the region’s long-term vision, values, and key thematic areas and strategic pathways, to addressing these issues.
He discussed the legal elements on the Forum’s positions, particularly and specifically, with respect to maritime zones, statehood, and the protection of persons, with an emphasis on the duty to cooperate. He highlighted the Forum’s positions as enshrined in the 2021 Declaration on Preserving Maritime Zones in the face of Climate Change-related Sea-level rise and the 2023 Declaration on the Continuity of Statehood and the Protection of Persons in the face of Climate Change-related Sea-level rise.
Mr Nayasi also requested the ICJ to affirm the view “that the maritime zones of States, as established and notified to the Secretary-General of the United Nations in accordance with the UNCLOS, and the rights and entitlements that flow from them, shall continue to apply, without reduction, notwithstanding any physical changes connected to climate change-related sea-level rise.”
“The Court should affirm that under international law, there is a presumption of continuity of statehood and international law does not contemplate a state’s demise in the context of climate change-related sea-level rise. As a necessary corollary, the Court should further affirm that the statehood and sovereignty of States will continue, and the rights and duties inherent thereto will be maintained, notwithstanding the impact of climate change-related sea-level rise,” he said.
Mr Nayasi said the Court should also emphasize the duty to cooperate in ensuring the protection of persons affected by climate change-related sea-level rise.
The ICJ Advisory Opinion is expected to be released in 2025.
Link to full statement here: CR 2024-53
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