The Prime Ministers of Antigua and Barbuda and Tuvalu signed a historic accord in Edinburgh, Scotland today that will clear the way for small states to sue major developed nations for the severe damage caused by climate change.

The development comes as world leaders are meeting in Glasgow, Scotland for the United Nations Climate Change Conference (COP26).

The Agreement establishes a Commission of Small Island States on Climate Change and International Law that will be tasked with developing and implementing fair and just global environmental norms and practices. 

The commission may also request advisory opinions from the International Tribunal for the Law of the Sea (ITLOS) on the legal responsibility of States for carbon emissions, marine pollution, and rising sea levels. 

Only small states, whose leaders have long complained about large greenhouse gas polluting countries not being held responsible for their actions, will be allowed to be part of the commission.

Prime Minister of Antigua and Barbuda, Gaston Browne, who chairs the Alliance of Small Island States (AOSIS), noted that small nations have become heavily indebted since they are forced to repair and rebuild infrastructure that is continuously damaged during catastrophic events.

“Small Island States’ emission of greenhouse gases is negligible, but they bear the overwhelming burden of its catastrophic effects, including persistent destruction, repeated costs of rebuilding and huge debts to finance resilience. This injustice must end. We insist that those States most responsible for this dire situation respect their legal obligations to stop global warming and to provide compensation to its victims,” he said.

The Prime Minister of Tuvalu, Kausea Natano, said the time has come for action as state are already being negatively impacted by climate change.

“For us, climate justice is a matter of survival.  Rising sea levels, extreme weather events, the decline of marine resources – these threaten our very existence.  We see better than anyone else what is being done to our beautiful planet.  It is time to put words into action, to save Small Island States, and to save the world from impending disaster,” he said.

The legal counsel to the Commission, Professor Payam Akhavan of Massey College, University of Toronto, and Member of the Permanent Court of Arbitration at The Hague, said that: “Small Island States are the canary in the coalmine of climate catastrophe. 

Their fate is a warning to all humankind that the disastrous consequences of global warming are happening now, not in a distant future.  The fundamental principle of international law not to cause harm to others has now taken on an unprecedented dimension.  This historic initiative to pursue climate justice should be welcome by all who care about the future of our planet.”

 

 

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