Vanuatu emerges as global climate champion

The tiny island nation of Vanuatu, located in the Pacific Ocean, is highly vulnerable to the adverse impacts of human-induced climate change. And along with other climate vulnerable island countries in the Pacific, it has been leading the world on the issue of loss and damage. Recently, Vanuatu prepared a resolution for the upcoming session of the United Nations General Assembly (UNGA) in New York, US in September, seeking an advisory opinion from the International Court of Justice (ICJ) on the topic of loss and damage from human-induced climate change. Such an advisory opinion by the ICJ would not necessarily name any particular polluting country; it would rather give an opinion on whether or not a victim country can bring a case against a polluting country in the future. This would be a legal way to make polluters pay under international law if it goes into effect. An interesting feature of this bold action by Vanuatu, which has received strong pushback from some of the polluting countries, was that the idea was first put forward by a group of law students in the Pacific region, who prepared a brief on this procedure of going to the General Assembly first and then to the ICJ for an advisory opinion, and present it to the other island nations in the Pacific. The government of Vanuatu was the one who then took the lead in taking this forward formally, and is now seeking the support of all the vulnerable developing countries for the resolution at the upcoming UNGA session. If this resolution is passed, then the ICJ can give an advisory opinion on the legality of loss and damage claims between countries. 

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