He is Julian Aguonhuman rights lawyer indigenous peoples and writer. He is the founder of Blue Ocean Lawa law firm that works to give to indigenous people environmental justice. And now he followed for the state of Vanuatu, in Melanesia, the Landmark Climate Changethe historic trial on the legal obligations of nation states regarding climate change and which concluded on Friday 13 December at the United Nations Supreme Court in The Hague.
This is the largest climate case in the world that has taken place in the last two weeks in The Hague, in the Netherlands. With the hearings over, the International Court of Justice, or ICJ, will now have to evaluate what obligations United Nations member states have under international law to protect the planet from greenhouse gas emissions for future generations.
A “case” that was born thanks to young people from the Pacific Islands, especially from the archipelago of Vanuatu, in Melanesia, and which began less than two weeks after the failure of negotiations at the United Nations international climate conference, COP29, in Azerbaijan, resulting in a climate finance deal that has been widely criticized as inadequate; and which also marks the end of the hottest year on record, punctuated by numerous extreme weather events including deadly floods and hurricanes.
The main judicial body of the United Nations has therefore now concluded the two weeks of hearings on the “States’ obligations regarding climate change”: with 98 states and 12 international organizations, some say the result could reshape and reinvigorate international law’s approach to the climate crisis.
Who is there in all this to carry forward the defense of indigenous rights? Julian Aguonan indigenous lawyer who doesn’t want to give up.
What is the Landmark Climate Change, the role of Vanuatu
Hailed as the “world’s biggest climate case”, Landmark Climate Change is a process that will lead the Court to issue an advisory opinion, which will clarify states’ legal obligations under international law and the consequences of violating them.
It was the Pacific island of Vanuatu to announce, in September 2021, its intention to ask for a advisory opinion at the International Court of Justice on climate change. He then explained that this initiative, which had been promoted by the youth group Pacific Island Students Fighting Climate Changewas necessitated by its vulnerability and that of other small island developing States to climate change and the need for greater action to address the global climate crisis.
Vanuatu then pressured other countries to support this initiative and formed the core group of United Nations member states to take the initiative forward to the General Assembly.
From December 2 to December 13 in The Hague, the 15 judges of the International Court of Justice heard testimony from 99 countries and dozens of organizations and are now trying to determine states’ legal obligations to address climate change and repair the damage caused.
In summary, the court was tasked with offering an advisory opinion on two key issues:
What will happen next?
The International Court of Justice’s advisory opinion could simply reaffirm existing climate agreements such as the 2015 Paris Agreement, or oblige states to combat climate change.
The conduct that the petrostates are carrying out, for example – says Renatus Otto Franz Derler, climate law expert and editor-in-chief of Cambridge International Law Journal – is in violation of general international law, so state responsibility would apply.
The struggle of Julian Aguon
Dark blue dress and a garland made of white coconut fronds, brown hibiscus bark and brown cowrie shells. There, in the Peace Palace in The Hague, he defended the rights of indigenous people:
Just as these people deserve to live in the world on their own terms, they also deserve to be heard here.
The right to self-determination is a cornerstone of the international legal order – continued Aguon. Yet climate change, and the conduct of states, has already violated the right to self-determination for many peoples in the Melanesia area.
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The context of the case is marked by disappointment with commitments made at COP29, where many developing countries criticized richer nations for under-promising financial promises. As pointed out by NationofChangethe case of Vanuatu aims to overcome the shortcomings of existing agreements, seeking a legal recognition that can morally bind the main emitters of greenhouse gases. Will Julian Aguon and his team succeed?
Some experts warn: the ICJ’s opinions will not be binding and the trial could last years.
The judges’ opinion will not be legally binding, it is true, but Julian Aguon says that in any case it could have legal weight and could influence future climate negotiations.
We are still confident because we have told our stories and we believe that the law is also on our side.
Fingers crossed.
