Trinidad and Tobago lawyer 'optimistic' about climate change case at ICJ

EIGHT Caribbean countries are included in a record-breaking total of 91 countries which gave written statements for an advisory opinion request to the International Court of Justice (ICJ) in The Hague. It is on a topic that is a major discussion point in the region – climate change.

With the oral hearings kick-starting on December 2, TT lawyer Justin Sobion says while there is still a lot of work to be done, he and his team feel pleased and confident heading into it.

The idea of approaching the ICJ on this was first proposed by Vanuatu, a South Pacific island, in 2021. The country sought to protect the rights of present and future generations to be protected from climate change.

At a Caricom heads of government meeting in 2022, all leaders pledged full support for Vanuatu's initiative.

And in 2023, the UN General Assembly officially requested an advisory opinion from the ICJ on the obligations of states in respect of climate change.

However, only eight Caribbean countries have since given official written statements to the court: Barbados, Grenada, St Lucia, St Vincent and the Grenadines, Belize, the Bahamas, Antigua and Barbuda and the Dominican Republic.

Sobion's team includes two other lawyers – Rueanna Haynes and Dr Jan Yves Remy. He and his team represent St Vincent and the Grenadines, Grenada and St Lucia.

He said he approached many other Caribbean countries, including TT, to give written statements.

"I am not sure why they elected not to file written submissions. However, a window of opportunity is still there for TT and others to seek the court's permission to participate in the oral hearings when it opens on December 2.

"In my opinion, it would be wonderful if TT, Jamaica, Guyana, etc could participate...as this presents a unique opportunity for small island developing states to participate before the world court on an issue like climate change that affects all humanity."

Nevertheless, he said, he feels optimistic about the case and "(he feels) quite pleased with the work that (they) did."

Sobion was called to the bar in 2002 and started in commercial law. But he has now been practising environmental law for almost two decades. He recalled there being a stigma about this field of law when he just started in 2008.

"I always had a passion for it, but I think it was the pressures of society that made you feel like it's not really law. People treated it like a utopia."

But despite this, he pushed forward. He also told Newsday he hopes other young people who are passionate about the environment and issues such as climate change to "go for it."

He got involved in this case as it "lined up perfectly" with his studies – a PhD in environmental law at the University of Auckland, New Zealand. It was titled Earth Trusteeship: Holding the Earth and Environment in Trust for Future Generations.

"Are states holding the earth in trust for future generations? You're talking about generations who aren't even born yet. So is it a priority for them, to hold the earth or environment or climate system in trust for an abstract group of people who aren't even born yet? At the face of it, no, but it should be."

On the ICJ case, he added, "There are still the issues of damage, loss of property, reparations...You're not only looking at state obligations to climate change but what is being done to protect the climate systems," he said.

Asked about this, the Planning Ministry – which deals with climate change – told Newsday by e-mail that TT was not invited to give a written statement. However, the ICJ made an open invitation for all countries interested in doing this to submit by certain dates, and there were even some extensions. These notices were posted to its website.

But the ministry added that despite not giving written statements, TT, as a "vulnerable, small-island state" continues to support and advocate for global climate change action.

"...As evidenced by its active advocacy role in the international climate negotiations to this end.

"TT acknowledges that climate change is a problem and every country has an obligation to undertake actions to contribute to a solution as provided for in the existing international legal instruments, namely the UN Framework Convention on Climate Change and the Paris Agreement."

The ministry said it is also aware that "any such opinion would apply equally to all states without differentiation and that all states would bear the responsibility to discharge said responsibility.

"Therefore, TT has been discharging its obligations thus far under the existing legally binding international agreements."

It said this country will continue to support international calls for climate action in support of sustainable development and minimising impacts on vulnerable states.

On whether TT will participate in the oral hearings, the ministry said, "TT may consider making same following the procedures of the ICJ and if called upon."

There is currently an open call on the ICJ's website for all countries interested in participating.

The document, which has been available since July 8, says, "For the purposes of the practical organisation of those public hearings, during which oral statements and comments may be presented by the UN and its member states (regardless of whether or not they have submitted written statements and, as the case may be, written observations), the registry would be grateful if the embassies and permanent representations could inform it, by Wednesday 2 October 2024 at the latest, if their governments intend to take part in the hearings."

Questions posed to the ICJ:

(a) What are the obligations of States under international law to ensure the protection of the climate system and other parts of the environment from anthropogenic emissions of greenhouse gases for States and for present and future generations;

(b) What are the legal consequences under these obligations for States where they, by their acts and omissions, have caused significant harm to the climate system and other parts of the environment, with respect to:

(i) States, including, in particular, small island developing States, which due to their geographical circumstances and level of development, are injured or specially affected by or are particularly vulnerable to the adverse effects of climate change?

(ii) Peoples and individuals of the present and future generations affected by the adverse effects of climate change?”