Nine island nations in the Pacific, Caribbean, and West Indies won a major international legal victory, putting more pressure on large governments like the European Union and China to curb their carbon emissions.
The small island states celebrated a landmark victory in a UN climate justice case as the Maritime Court ruled in Favour of nations including Antigua and Barbuda, St Vincent and the Grenadines, St Kitts and Nevis, and St Lucia.
The ruling, declared on 21 May 2024, held that carbon emissions constitute marine pollution, mandating polluting countries to mitigate their impact on oceans. The case, initiated by nine small countries affected by climate change, underscores the urgent need for major polluters to adhere to international law.
Polluting countries therefore have “the specific obligation to take all measures necessary to ensure that… emissions under their jurisdiction or control do not cause damage by pollution to other states and their environment”, the court said.
Nikki Reisch from the Center for International Environmental Law, which supported the island nations’ case, said the advisory opinion lays the foundation to hold big polluters accountable by clarifying their obligations under international law. Reisch said this is the first time an international court has commented on the intersection of oceans and climate change.
“It’s a landmark decision in that it adds great weight to the growing body of case law and legal interpretations underscoring states’ legal duties to urgently and drastically reduce greenhouse gas emissions to protect the environment and human rights,” she said. “It’s a testament to the persistent courage and leadership of small island states that have really been at the forefront of the struggle for climate justice and accountability and the forefront of legal developments.”
Experts anticipate this decision to influence future climate litigation, highlighting the critical role of oceans in mitigating climate change.
Source: Organisation of Eastern Caribbean States / France24