CMC—Antigua and Barbuda Prime Minister Gastón Browne on Monday called on the International Court of Justice (ICJ) to use its voice to “inspire action” that has eluded the political arena as his country and other small island developing states (SIDS) seek advisory opinions on states’ obligations regarding climate change.
The ICJ is holding public hearings on a request for an advisory opinion on the Obligation of States regarding climate change.
Browne told the ICJ that his country is a “small island state on the front line of a global climate emergency” and that his appearance here is because “existing action has not adequately addressed the crisis that is devastating our lives and our future.”
He said that for decades, Antigua and Barbuda has experienced the consequences of climate change, including rising sea levels driven by unchecked greenhouse gas emissions that have eroded the country’s coastlines.
He also told the court that ocean temperatures have risen, disrupting the delicate ecosystems that sustain the fishing sector and other forms of livelihood.
Browne said Antigua and Barbuda has also had to deal with the passage of hurricanes, including Irma in 2017, which struck with winds of 270 miles per hour. The rebuilding exercise has “added tremendously to our debt burden.”
Browne said that while large, wealthy countries can borrow on the international markets at three percent per annum, “the so-called high-income SIDS like Antigua and Barbuda must borrow commercially at 10 percent to finance repeated building of infrastructure damaged by hurricanes caused by the failure of other states to mitigate emissions”.
He said the principle of prevention, a cornerstone of international environmental law, demands that states take action to avoid causing significant harm to others.
“Yet, global emissions continue to rise,” he said, adding that as the threshold of 1.5 degrees Celsius is being crossed, the very existence of SIDS is threatened by the failure of the polluting countries to act.
“No participant has disputed that greenhouse gas emissions emanating from human activity are causing and will continue to cause significant harm to the climate system, the populations globally, and the environment.
“Nor has any participant dispute the conclusion of the global stocktake that current efforts are insufficient,” he told the ICCJ that “even now, the Loss and Damage Fund, which was recently established, has received only US$700 million in pledges.
“I emphasize pledges, not contributions. This pledge amount is inadequate compared to the scale of small countries’ climate-related losses.”
Browne said his country has worked tirelessly to address the crisis. His advocacy has taken him to forums outside of the United Nations Framework Convention on Climate Change (UNFCCC), the United Nations General Assembly (UNGA), the International Tribunal for the Law of the Sea(ITLOS), and SIDS, creating the Commission of Small Island States on Climate Change and International Law (COSIS).
“We seek this advisory opinion not to point fingers but to clarify the obligations of states under international law before the clock on our survival runs out.
“We ask what small states or states generally do on international law to protect the climate system for present and future generations. What is the responsibility of those whose actions contributed disproportionately to this crisis?
“Antigua and Barbuda stands in solidarity with other vulnerable nations, particularly our fellow small island states. Together, we endured the worst crisis that we did not create. But today, we also stand with the millions across the globe who are looking to this court for a path forward, for clarity, justice, and certainly hope”.
Browne said his country and SIDS believe in the power of international law and that the ICJ’s voice “can inspire the urgent action that has eluded the political arena.
‘It can remind the world that small nations’ rights, vulnerable peoples, and future generations are not secondary but fundamental. The people of Antigua and Barbuda are counting on you. The world is counting on you, and I say here this is not just a legal question; it is a matter of survival,” Prime Minister Browne told the ICJ.
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