Vanuatu is using this week's UN Ocean Conference in Nice to demand climate justice ahead of a landmark legal opinion from the world's top court – with climate minister Ralph Regenvanu telling RFI that faster action to hold big polluters accountable is "a matter of survival" for his people.
The Pacific island nation is asking the International Court of Justice to clarify what countries are legally required to do to tackle climate change – and what the consequences should be when they fail.
“We want a 1.5 aligned world... because the science tells us that’s what we need to stay within the livable bounds for our people,” said Regenvanu.
The ICJ opinion, expected as early as next month, was requested by the UN General Assembly and backed by more than 130 countries.
While not legally binding, it stands to carry significant weight and set a precedent for future legal action, including in national courts.
Legal pressure, not pledges
Julian Aguon, Vanuatu’s legal counsel for the case, said it would be a mistake to dismiss the opinion simply because it is not enforceable.
“Even if it’s not a binding judgment, the right way to think about it is that it’s authoritative legal guidance for all countries,” Aguon said.
“Unlike a ruling that only applies to two parties, this opinion will clarify the obligations of every state under international law.”
Vanuatu is one of the world’s most climate-exposed nations. Sea levels in parts of the Pacific are rising faster than the global average of 4.3 centimetres per decade, and warming oceans are causing widespread coral bleaching, acidification and biodiversity loss.
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“The single greatest cause of the destruction that’s happening in the oceans... is the heating of the ocean, which is caused by greenhouse gas emissions,” Regenvanu said.
“So it’s the single greatest threat to the ocean right now.”
The ICJ case builds on long-standing frustration with slow progress at climate summits.
“We’ve been involved in the UNFCCC process, the COPs, for like 30 years. And we’re not seeing the right ambition and change in the international community," Regenvanu said.
"We are looking to speed that up, to raise that ambition, to get things to happen faster.”
Defining the consequences
At issue is whether countries have violated existing international laws – not just climate treaties, but also human rights law, the law of the sea and key environmental principles such as the duty to prevent harm and act with due diligence.
“Climate change is not occurring in a legal vacuum,” Aguon explained. “It is governed by a wide body of international law.”
The court has been asked not only to clarify those obligations, but also to outline the consequences when they’re breached.
“This case does, in fact, represent a watershed moment in legal accountability for climate change,” Aguon said.
“We can move into a new era of binding obligations and the consequences for failure to take those obligations seriously.”
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Asked whether Vanuatu is seeking "reparations" for the damage already done, Regenvanu emphasised that the case is about climate justice – holding those who caused the crisis responsible for fixing it.
“Justice means if you cause a problem, you are responsible for dealing with it and making up for it,” Regenvanu said. “And I think reparations is a word you could use. It is to do with fixing the problem you created.”
A strong opinion delivered by the ICJ could open the door to a new wave of legal challenges and lay the groundwork for countries like Vanuatu to pursue compensation through national or regional courts.
“It becomes a legal precedent that can be used in any court. So even a municipal court, a city court... we can expect to see greater climate action being achieved through cases that are won on the back of what this court says,” Regenvanu explained.
The ICJ heard arguments on the case in December, with 99 countries and more than a dozen organisations taking part – the largest number ever.
