AOSIS highlights importance of International Court of Justice advisory opinion on larger nations and climate harm

On July 23, the Hague will become the focal point as the International Court of Justice (ICJ) issues a significant advisory opinion concerning the legal obligations of states relating to climate change.

The Alliance of Small Island States (AOSIS) press statement called this a “landmark” case, and shared that it is initiated by small island developing states (SIDS), seeks to clarify the responsibilities of nations in protecting the environment from human-generated greenhouse gases, as well as the legal consequences for countries whose actions have caused substantial harm to the climate system.

The advisory opinion holds particular importance for the survival and sustainability of SIDS. It examines the legal implications for nations that have contributed to climate damage, especially noting that “States, including, in particular, small island developing States, which due to their geographical circumstances and level of development, are injured or specifically affected by or are particularly vulnerable to the adverse effects of climate change.”

Led by Vanuatu and a dedicated coalition of small island nations alongside both developed and developing partners, this legal advisory emphasizes the urgent duty of countries to accelerate climate action. AOSIS indicates that the case aims to protect vulnerable nations whose fundamental rights are compromised by a crisis they did not initiate.

AOSIS says that it anticipates that the ICJ’s opinion will bolster accountability and mobilize greater support to address the unequal burdens borne by SIDS. The UNFCCC and the Paris Agreement remain central platforms for international cooperation on climate issues.

The clarity provided by the ICJ’s ruling could significantly strengthen these frameworks, encouraging more robust multilateral efforts. Such support is vital to achieving the global target of limiting warming to 1.5°C, which requires a 43% reduction in greenhouse gas emissions by 2030 and reaching net-zero by 2050. With swift, comprehensive, and sustained global efforts, these goals remain attainable, states the AOSIS.

In its formal submission to the ICJ, Palau, chair of AOSIS, reportedly presented compelling evidence of climate change’s devastating effects. Data highlighted a troubling warming trend with sea temperatures exceeding 30°C, damaging Palau’s coral reefs through bleaching.

The report also shared that sea levels are rising, with projections indicating that under high-end scenarios (2.0–2.5 meters), large parts of several Palauan states could be submerged by the end of the century. Additionally, the frequency of extremely hot days—above 90°F (32°C)—has more than doubled, increasing from an average of 46 days annually in the 1950s and early 1960s to 100 days in the 2009–2018 period, posing severe risks to vulnerable communities.

AOSIS asserts that this stark reality underscores the ongoing call for nations to submit enhanced Nationally Determined Contributions (NDCs) that align fully with the goal of limiting warming to 1.5°C. The organization stated that the urgency is undeniable; decisive political leadership and ambitious, actionable plans are essential.

The ICJ’s advisory opinion aims to establish a clear understanding of international legal obligations, making it evident that countries’ commitments must be upheld without question:

“The inequities of climate injustice are clear to see. This ICJ process has already illuminated our expectations for countries to ensure they do no harm to others. It is time for the international community to restore trust and correct a grave injustice.

AOSIS would like to salute all of the SIDS climate champions who have led us to this moment. Your unwavering strength speaks to the extraordinary resilience of our people. We hope the world will follow our lead and match this moment with the courage and moral purpose it requires.”

AOSIS was established in 1990 and states that it is an intergovernmental organization that has  “represented the interests of the 39 small island and low-lying coastal developing states in international climate change, sustainable development negotiations and processes.”