In September 2022, in a landmark decision, the UN Human Rights Committee found that Australia's failure to adequately protect indigenous Torres Islanders against adverse impacts of climate change violated their rights to enjoy their culture and be free from arbitrary interferences with their private life, family and home. In December 2022, the Commission of Small Island States on Climate Change and International Law (the Commission) requested the International Tribunal for the Law of the Sea to render an advisory opinion on issues pertaining climate change and environmental protection in the oceans, including ocean warming and sea level rise, and ocean acidification. Meanwhile, a core group of 16 states led by Vanuatu are petitioning the UN General Assembly to seek an ICJ advisory opinion on climate change as it specifically affects small island developing states and other developing nations particularly exposed to the adverse effects of climate change. A draft question is currently being finalised for voting.
Following the successful BIICL web-series on rising sea levels and international law, this event aims to shed light on recent developments and their legal ramifications. What is the legal significance of these recent efforts to seek redress for the most vulnerable nations? What is the jurisdiction of the ITLOS and the ICJ in administering or influencing climate justice through advisory opinions? What interests other states might have in supporting these initiatives? What should we expect going forward?
- Monica Feria-Tinta, Barrister, Twenty Essex.
- Dr Nicole Pierce, Deputy- Director, Institute of Small and Micro-Nations, Associate Researcher BIICL; Senior Lecturer, De Montfort University Leicester
- Dr Margaretha Wewerinke-Singh, University of Amsterdam, Faculty of Law
- Nicola Peart, Barrister, Senior Associate, Three Crowns LLP
This event offers the equivalent of 1.5 CPD hours.
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