"We seek accountability, a recognition of rights for those most affected by the climate crisis, and real protection from historical polluters." Pacific Islands Students Fighting Climate Change.
"Led by Pacific youth, this effort speaks to us all — a collective call to uphold human dignity and safeguard our shared future. It powerfully affirms our sovereign right to land and sea. Tuvaluans will remain Tuvaluans, Marshallese will remain Marshallese — even if the tide overtakes our shores. That identity can never be taken away.” Naima Fifita, Moana Tasi Project.
We are facing an existential crisis due to climate change. Nation states are making pledges but not action. Across the world we are seeing outright denial and misinformation, disruption by powerful interests, a lack of transparency of prevention and mitigation measures; and misuse of climate finance.
Transparency International promotes integrity in climate governance. It also recently, along with partners, called for immediate action to end high polluters lobby’s grip on UN Climate Talks at COP30.
Meanwhile Pacific Island students are taking their case to the world stage. Six years ago 27 Pacific Island law students meeting in Vanuatu initiated a campaign to seek an advisory opinion from the ICJ on the obligations and responsibilities held by states that are driving climate change. Pacific Islands Students Fighting Climate Change (PISFCC)submitted that request, and have campaigned consistently since then.
On 23 July 2025 the International Court of Justice released its landmark ruling . In essence it says that government actions driving climate change are illegal and states should be held legally responsible for their emissions. The ICJ ruling also stated that legal duties regarding climate change apply to fossil fuel consumption, extraction, expansion, and regulation.
PISFCC have unpacked the opinion in a helpful brief. Key themes in the ruling are that:
- The obligations of states under various climate treaties and accords need to be applied in a coherent and systematic approach. Also, customary rules and treaty rules mutually inform each other.
- States have a Duty of Care and must apply the Principle of Prevention. This demands stringent due diligence, and regulatory mitigation mechanisms that achieve “deep, rapid, and sustained reduction of GHG emissions.” If states don’t exercise due diligence then they are committing internationally wrongful acts.
- States must take ambitious actions to protect the environment, and the climate system in particular, in order to guarantee the effective enjoyment of human rights, now and into the future. These rights include: the rights to life, health, and adequate standard of living, including access to food, water, and housing, and privacy, family, and home, as well as the rights of women, children, and Indigenous. They apply now and for future generations.
- States are obligated to prevent climate harm and failing to curb production and use of fossil fuels–the main driver of the climate crisis–may violate international law. The Court acknowledged that burning fossil fuels, which results from their exploration, production, and use, is a leading cause of climate change. There must be better regulation of corporate actors.
- Sea level rise does not legally affect the maritime borders of States, nor their territorial integrity and statehood.
- Any breach of legal obligations by a State in the climate context triggers the full suite of legal consequences under the international law of State responsibility. Because obligations protecting the atmosphere and high seas (global commons) and obligations under climate treaties’ are owed to all other states, any State may demand cessation, guarantees, or reparation, even if it is not directly injured.
So what next?
The ICJ climate ruling provides crucial legal clarity and will serve as a springboard for accountability for major polluters, reparations for those harmed, and legal protection for people and the planet. This will require both political and judicial pathways to enable implementation and enforcement.
Check out The Witness Stand a series of voices from the Pacific and around the world to ensure that the ongoing International Court of Justice advisory opinion proceedings on climate change are inclusive and representative oft hose most affected.
Also check out:
TINZ Webinars:
Guardians of Moana and Land: Indigenous Governance for Pacific Sustainability
Her role, their Future – Supporting Women in Pacific Environmental Governance
