Prime Minister Gaston Browne is optimistic that Antigua and Barbuda, alongside a coalition of small island states, will secure a favourable ruling in a groundbreaking climate accountability case before the International Court of Justice (ICJ) in The Hague, Netherlands.
The hearings are part of the process towards the court issuing an advisory opinion, which will clarify States’ legal obligations under international law and the consequences for breaching them.
Browne, accompanied by a legal team comprising Zachary Phillips, J’Moul Francis, Jeniece St Romain, Nneka Nicholas, and Colin Murdoch, the Permanent Observer of the Organization of Eastern Caribbean States (OECS) to the United Nations in Geneva, delivered final arguments on behalf of Small Island Developing (SIDS) last week. The case, initiated by Vanuatu, seeks a definitive ruling on the legal obligations of states to combat climate change and hold major polluters accountable for their actions.
Speaking on Pointe FM, Browne highlighted the strength of the arguments presented saying: “Our lawyers made some very potent arguments. And based on my own thinking, I believe that we’re likely to win this case.”
He detailed the challenges presented by larger polluting nations like Australia and Saudi Arabia, which argued against holding individual countries responsible for emissions. “They made a point that, how do you determine what percentage of the emissions come from Australia? So, as far as they’re concerned, you can’t make that specific determination, and therefore you can’t hold a sliver. Our attorneys responded and said, hold on a second man, you are jointly and severally liable, independently and collectively,” Browne explained.
He noted that attempts were made to limit the court’s considerations to frameworks like the Paris Agreement and the Kyoto Protocol but applauded Antigua’s lawyers for going beyond existing climate agreements to incorporate broader international laws, including the United Nations Convention on the Law of the Sea (UNCLOS) and human rights frameworks.. “They are violating our human rights, even our right to self-determination,” he added.
Browne described the case as a critical step in addressing the failures of voluntary climate agreements, which he said have allowed large emitters to “game the system.” He expressed confidence that a favourable outcome could significantly strengthen the negotiating position of small island nations in their fight for reparations and emissions reductions.
“If they all come out in our favour it means that we will have a better negotiating tool to deal with these large polluters to push them to reduce emissions and at the same time to provide reparations,” Browne asserted.
However, he acknowledged the challenges of enforcement even if the judgment is favourable. “ I don’t think that should stop us if we take that decision to move forward,” he declared.
The ICJ’s decision is expected next year, alongside a related case before the Human Rights Commission. Browne believes the outcomes could mark a significant turning point for vulnerable nations in their decades-long struggle for climate justice.
The advisory opinion of the world court, while non-binding, could have a huge impact on domestic climate-related litigation worldwide and influence diplomacy and negotiations at events such as the annual COP conferences.
