From left: Prime Minister of Tuvalu, Kausea Natano; Prime Minister of Antigua and Barbuda, Gaston Browne; and Attorney General of Vanuatu, Arnold Loughman pose for a photo after attending a hearing at the International Tribunal for the Law of the Seas (ITLOS) on September 11, 2023, in Hamburg, Germany. File photo credit Gregor Fischer/AFP via Getty Images.
THE HAGUE, Netherlands--Prime Minister (PM) Gaston Browne is in the Netherlands, where he will address the International Court of Justice (ICJ) today, Monday, on the matter of a request for the Court to provide an advisory opinion on the Obligations of States in respect of Climate Change.
The request by small island developing states (SIDS) was made in response to the vulnerability of SIDS to the adverse effects of climate change, which are due to their geographical circumstances and level of development.
Prime Minister Browne, in concert with other SIDS heads of state, has played a leading role in the pursuit of climate justice. The prime minister’s advocacy has taken him to fora outside of the United Nations Framework Convention on Climate Change (UNFCCC); to the United Nations General Assembly (UNGA), to the International Tribunal for the Law of the Sea (ITLOS) and to SIDS creating the Commission of Small Island States on Climate Change and International Law (COSIS).
In 2022, the Commission sought the first-ever advisory opinion from ITLOS, on the obligations of states to mitigate greenhouse gas emissions. In May of this year, the Tribunal rendered an historic opinion, affirming that major polluters are under a legally binding obligation to protect the oceans – and by extension, small island states – from catastrophic harm.
The ITLOS decision sets the stage for the oral hearings now before the International Court of Justice for the next two weeks, initiated under the leadership of Vanuatu, with the co-sponsorship of Antigua and Barbuda and other SIDS.
Ninety-eight states and 12 international organisations have expressed their intention to participate in the proceedings before the Court commencing today, Monday. Prime Minister Browne will address the Court (https://www.icj-cij.org/home) at 10:00am Eastern Standard time. Immediately following the prime minister’s address, Crown Counsel II and Agent to the ICJ for the proceedings, Zachary Phillips will present legal arguments on behalf of Antigua and Barbuda.
In his address to the ICJ, Prime Minister Browne is expected to outline the dire situation of the climate crisis, and make the linkage between the climate crisis and sovereign debt. The country’s leader is expected to also highlight Antigua and Barbuda’s tireless work to address the climate crisis, pointing out that at every Conference of the Parties, from Paris to Baku, he has joined with other vulnerable nations to demand action on financing and justice.
The country’s leader is also expected to make clear that Antigua and Barbuda is not pointing fingers but seeks clarity on the obligations of States under international law, before time runs out on small island developing states. Prime Minister Browne’s statement will ask the Court what States should do to protect the climate system for present and future generations and what is the responsibility of those whose actions have contributed disproportionately to the crisis.
Antigua and Barbuda’s delegation to the ICJ hearing of Oral Arguments in the Climate Advisory proceedings also include Crown Counsels II Nneka Nicholas and Jeniece St. Romain and COSIS Officer J’Moul Francis from the Ministry of Foreign Affairs. ~ Antigua News Room
