The salt spray of the Pacific Ocean is in my blood; I grew up watching the tides shape the shores of the islands of Tuvalu. But now, those tides are rising relentlessly, eroding lands, swallowing homes, decimating livelihoods and washing away the futures of communities. Entire islands are sinking. One-third of Tuvalu’s citizens are seeking ‘climate refuge’ in Australia.
Climate change is not a distant threat; it is our daily reality.
But there is hope. At the end of July, in The Hague, the Netherlands, I bore witness to a historic moment. The International Court of Justice (ICJ) delivered the advisory opinion that states have a legal duty to prevent climate harm and, importantly, that they can be held accountable for the consequences of their actions, through financial compensation or other forms of restitution.
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The ruling means that climate justice is no longer simply a moral obligation, but a matter of international law. This feels like a seismic shift. The relentless cries from front-line communities across the Pacific, who have long borne the brunt of a crisis we did not create, have been heard.
The ICJ offered clarity on fossil fuels in particular: producing, licensing and subsidizing them could constitute an “internationally wrongful act” for which states can be held liable under international law. Nations have a duty to reduce greenhouse-gas emissions — and the court highlighted the legal liability that could arise from expanding fossil-fuel infrastructure in the face of clear scientific warnings.
It is especially powerful that this legal breakthrough stems from the efforts of small island nations, launched by courageous Pacific youth in 2019, initially in Vanuatu then through cross-border collaborations. It is a reminder that those most affected by the climate crisis are also among the most determined in addressing it. Through efforts ranging from grassroots movements to international diplomacy, Pacific island nations have charted a path that places justice at the centre of climate governance. This is a powerful example of vulnerable voices driving transformative change at the highest levels of international law.
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The ICJ also emphasized that cooperation between states is central to meaningful climate action, and identified treaties as a crucial tool for coordinated implementation. This gives wind to the sails of emerging legal instruments. A fossil-fuel non-proliferation treaty has been proposed, for example, that would provide legal grounding for states to pursue coordinated, binding action on a fossil-fuel phase-out and a just transition to renewable energy. It is currently supported by 17 nations, including Tuvalu, that are shaping the treaty proposal and discussing how to involve others and initiate a formal negotiation process. A high-level ministerial meeting in Belém, Brazil, in November, has been planned alongside the COP30 climate talks to move the process forward.
