Earth Today | Climate justice triumphs

THE ALLIANCE of Small Island States (AOSIS) has welcomed the recent historic advisory opinion from the International Court of Justice, as a global affirmation that climate harm is not only unjust, but also unlawful.

“This ruling is a testament to what small states can achieve through principled diplomacy, collective advocacy, and legal innovation,” said a July 23 release from the AOSIS, which represents the interests of 39 small island and low-lying coastal developing states in international negotiations on climate change and sustainable development.

“In 2019, 27 Pacific law students at the University of the South Pacific in Vanuatu planted the seed of an idea: that the world’s highest court could help protect the rights of nations most exposed to the climate crisis. That idea became a movement, led by youth, championed by Vanuatu, and supported by civil society, legal experts, and the solidarity of Small Island Developing States (SIDS),” AOSIS added.

It was in 2023 that more than 130 countries co-sponsored a United Nations General Assembly resolution calling on the ICJ to clarify states’ legal duties on climate change.

That initiative came full circle this month, delivering a ruling that recognises and reinforces key principles that AOSIS has long upheld.

“This opinion reflects the strength of collective advocacy and the hope that has driven this initiative from the very beginning. It is the result of sustained advocacy by Pacific youth, legal experts from vulnerable nations, and States that chose not to remain silent. The ICJ’s findings demonstrate that moral clarity and legal authority can reinforce one another. This ruling must serve as a foundation, not a conclusion. We now call on all states to act with renewed urgency and ambition, in accordance with their legal obligations and the demands of justice,” said Ambassador Ilana Victorya Seid, chair of AOSIS and permanent representative of Palau to the United Nations.

Among the key findings welcomed by AOSIS is the recognition of the 1.5 degrees Celsius target as a binding obligation together with the duty to cooperate, as well as maritime rights and sea level rise.

“AOSIS strongly supports the court’s affirmation that sea-level rise cannot invalidate existing maritime baselines and entitlements. This provides long-awaited legal certainty to island nations whose territorial integrity is threatened by rising seas,” the AOSIS said.

According to AOSIS, the ruling represents a new chapter in international law.

“Small Island Developing States are often called the moral voice of the climate movement … We have demonstrated that our role is also legal, strategic, and enduring. The international legal system can be complex — but small island developing states have shown how to navigate it with vision, determination, and skill,” the group of small island states said.

“This opinion is not the end of the road. It must now inform action across every level, including negotiations under the United Nations Framework Convention on Climate Change and the Paris Agreement, implementation of national climate policies, and interpretation of rights and obligations in courts around the world,” it added.

“In an increasingly unstable world, international law offers what small island developing states need most: certainty, predictability, and resilience. We will carry this ruling into every negotiation, every courtroom, and every call for justice. For small islands, this is not just about climate, it is about our future. And we will never stop defending it,” AOSIS said further.