Navigating Climate Accountability: Insights on ICJ and Global South Perspectives with Justin Sobion – Part II

Aryaman (JFIEL): Notably, Vanuatu’s case has encountered resistance from main polluters, together with the US, India, and China, which has additionally affected submissions to ITLOS. How do you foresee the state of affairs progressing if these three main polluting international locations proceed to object to the ICJ Advisory Opinion? To what extent may their persistent objections affect the ICJ’s determination relating to its obligations? Is it potential for these international locations to affect the ICJ’s ruling?

Justin Sobion: At this stage, I’m not absolutely conscious of the litigation methods of India or the US, or their particular positions within the ICJ proceedings. At the moment, the method entails inviting all international locations to submit written statements. My position on this ICJ advisory opinion course of is to encourage as many Caribbean international locations as potential to submit written statements, even when they’re transient. Moreover, we’re advocating for the inclusion of statements from indigenous teams or youth, if potential, to be annexed to those submissions.

You will need to observe that international locations like India, the US, and China, although their litigation methods will not be identified to me, even have the chance to file written statements. This chance extends to worldwide organizations as effectively, similar to OPEC, which has acquired permission from the court docket to submit a press release. The content material of OPEC’s assertion relating to local weather change and state duty stays unsure.

The ICJ gives a chance for events to submit responses in a second spherical of submissions, with the deadline for this being April 2024. Nonetheless, if a rustic doesn’t submit a press release within the first spherical, it won’t be eligible to file a reply within the second spherical. This underscores the significance for all affected international locations to file written statements to make sure they’ve the chance to reply to the positions of main developed international locations. Within the UN and the ICJ, every nation has an equal voice, and it’s essential for all nations to take part to make sure their views are heard.

Aryaman Kapoor: You could have served as a diplomat at Trinidad and Tobago’s Everlasting Mission to the UN and as a Human Rights Officer for the United Nations. Based mostly in your firsthand expertise, how would you tackle criticisms relating to the enforceability of the United Nations? Do you end up in settlement or disagreement with such critiques? Moreover, do you observe any discrepancies between the observe of worldwide legislation inside the United Nations and the way in which it’s taught in legislation colleges or different instructional establishments? Are there procedural variations or deviations from the theoretical ideas which are usually emphasised in tutorial settings?

Justin Sobion: Relating to the United Nations, you will need to acknowledge each its strengths and areas for enchancment. The UN has been instrumental in advancing world progress, and with out it, the world may need been significantly much less superior. Nonetheless, its potential for affect stays underutilized. The UN’s achievements are notable, however there’s room for better progress.

Take, for example, the Human Rights Council, which was considerably formed by Kofi Annan. Its initiatives, such because the Common Periodic Evaluation (UPR), present beneficial peer evaluations of human rights information for all member states, together with India. Though some critics view it as a mere “discuss store,” the UPR permits states to voluntarily current their human rights achievements and areas for enchancment. However, my critique of the United Nations, drawn from my experiences as a diplomat and consultant, is that the group, based in 1945 in response to the aftermath of World Warfare II, continues to function with a framework designed for mid-Twentieth-century points. As we method the eighth decade since its institution, the UN should adapt to deal with up to date world challenges fairly than specializing in the problems of the previous.

Vital reforms are wanted, significantly inside the Safety Council, which is overdue for modernization. Moreover, the Trusteeship Council, inactive since 1994, could possibly be repurposed to deal with world environmental governance and different urgent Twenty first-century points. The UN should evolve to sort out present world issues successfully and mirror a Twenty first-century mindset fairly than remaining entrenched in outdated approaches.

Aryaman: There may be a longtime framework for the safety of the atmosphere throughout armed conflicts, but it seems to have been missed within the ongoing Russia-Ukraine battle and was not addressed on the current G20 summit in India. In your opinion, does the safety of the atmosphere usually obtain satisfactory precedence throughout armed conflicts? Whereas there’s typically discourse about preserving heritage and tradition throughout such occasions, the place does local weather and local weather change fall on this precedence listing? What measures will be taken to raise its significance in these discussions?

Justin Sobion: Humanitarian Regulation, primarily the authorized framework governing conduct throughout armed conflicts, units out guidelines on numerous facets, similar to dealing with prisoners of battle, defending civilian buildings, and limiting the destruction of environmental assets. For example, it prohibits bombing civilian targets like hospitals and colleges. Nonetheless, in observe, these legal guidelines are sometimes disregarded.

To handle this situation, there was a motion advocating for the popularity of “ecocide” as a global crime. This idea, supported by organizations like “Cease Ecocide,” argues that deliberately utilizing battle to hurt the atmosphere or utilizing nature as a device of battle must be categorized as a criminal offense, much like crimes in opposition to humanity underneath the Rome Statute. This contains actions similar to concentrating on or bombing dams, poisoning pure assets, or intentionally damaging nature to demoralize opposing forces or hurt civilian populations. This motion has gained momentum in recent times, with discussions and conferences, similar to one held in Trinidad and Tobago, highlighting its significance and the continuing efforts to determine ecocide as a acknowledged worldwide crime.

Aryaman: That’s a really attention-grabbing perspective and one that may definitely resonate with readers. There’s appreciable present analysis on this subject, however it appears that evidently there’s nonetheless room for extra intensive literature. Shifting on, I’ll mix the final three questions into one. There’s been vital dialogue relating to environmental accountability and state obligations. Given the Paris Settlement and potential outcomes from the ICJ, ITLOS, or different tribunals debating local weather change obligations, how do you suppose these developments will affect the approaches of worldwide legislation within the International South? Do the present frameworks adequately tackle the wants and issues of creating international locations?

Justin Sobion: I don’t imagine the prevailing frameworks absolutely tackle the wants of the International South. It’s essential for creating international locations to be extra conscious and proactive about their actions. For instance, Trinidad and Tobago, with a inhabitants of about 1.3 to 1.4 million, is a small creating nation, and Ghana, one other creating nation, has not too long ago begun exploring oil. Politicians typically argue that their international locations will not be answerable for the local weather disaster, which was brought on by industrialized nations. They query why they need to handle their assets in another way. Nonetheless, local weather change doesn’t acknowledge borders and can have an effect on everybody, no matter measurement or location. Due to this fact, each nation, regardless of how small, has a task in addressing local weather change.

Whereas I perceive the political stance in these areas, it’s essential for them to contemplate each mitigation and adaptation methods. Disaster conditions, like the present local weather emergency, are alternatives to exhibit creativity and innovation. For example, in the course of the COVID-19 pandemic, individuals needed to discover new methods to generate revenue and adapt to new circumstances. Equally, the local weather disaster requires ingenious options and a shift in method.

Within the case of nations depending on oil and gasoline, like Trinidad and Tobago, and new oil explorers like Ghana, it’s important to discover various methods. As a substitute of focusing solely on fossil fuels, investing in sustainable tourism and different revolutionary options could possibly be a approach ahead. The International South must pivot and undertake methods that aren’t essentially dictated by the International North however are tailor-made to their distinctive circumstances and potential for survival.

Aryaman: One last query for this interview. Local weather change has been an ongoing situation for hundreds of years, with numerous international locations contributing in another way through the years. Regardless of quite a few agreements and treaties aimed toward decreasing carbon emissions, there have been vital violations and lack of cooperation. How can we maintain international locations accountable for his or her contributions to local weather change? Particularly, how will we decide the time-frame for accountability? What issues must be made when setting this boundary? How ought to the ICJ or ITLOS method this situation of their deliberations?

Justin Sobion: Addressing this situation is complicated. For example, the Paris Settlement was established in 2015, practically a decade in the past, and plenty of states have but to satisfy their commitments. A major quantity of greenhouse gases from the economic revolution period is already trapped within the environment. Local weather change is a gradual course of that doesn’t current rapid, seen impacts. Scientists counsel that a certain quantity of carbon emissions has been locked into the system because the nineteenth century. The Paris Settlement, aiming to restrict world temperature rise to between 1.5 and a couple of levels Celsius above pre-industrial ranges, might not be ample. Even attaining a 1.5-degree restrict may be insufficient given present scientific assessments.

The problem is whether or not we are able to successfully renegotiate local weather targets. Can we really regulate the course of local weather change by way of negotiations, or is it one thing past our management? The continuing COP conferences, which frequently turn into political arenas fairly than efficient platforms for motion, is probably not sufficient. Local weather change, organic loss, and rampant air pollution are crises that demand rapid, sensible options fairly than political compromises.

We have to rethink our method to local weather negotiations and embrace a extra collaborative, revolutionary course of. This might contain integrating grassroots initiatives, such because the “Folks’s COP,” alongside state-led efforts. Finally, addressing the triple planetary disaster—local weather emergency, biodiversity loss, and air pollution—requires coordinated motion between states and residents to develop and implement efficient options.

Aryaman: That concludes our dialogue, and we significantly admire your time and insights. Thanks for spending practically an hour with us and sharing your beneficial views.

Click on right here for Half I.

Justin Sobion is an Legal professional at Regulation specializing in Worldwide Environmental Regulation. He obtained an LLM (Hons) in Worldwide Regulation from the College of Cape City, South Africa, in 2008, and an LLM (Hons) in Environmental Regulation in 2020 from the College of Auckland, New Zealand. He additionally possesses an LLB (Hons) from the College of the West Indies. Justin was admitted to the Bar to observe legislation as an Legal professional at Regulation within the Republic of Trinidad and Tobago in 2002 and later as a Barrister at Regulation and Solicitor within the Commonwealth of Dominica in 2008. His experiences in Worldwide Regulation embrace Environmental Regulation, Human Rights, Constitutional Regulation, and Worldwide Regulation of the Sea.

Presently, Justin is a Senior Tutor and can also be engaged on his PhD thesis on Earth Trusteeship on the College of Auckland. He has additionally been on a panel of worldwide attorneys established by Vanuatu to help Caribbean states in making ready their written statements relating to the ICJ advisory opinion on the obligations of states in respect of local weather change.

Interviewed by Tamanna and Aryaman Kapoor, the Editors-in-Chief (2023). Transcribed and edited by Charunivetha, JFIEL Editor.

Image Credit score: Win Mcnamee/Getty Photos