Climate crisis:in a historic process the small island countries will face the rich ones

In a historic hearing, small island nations disproportionately affected by the climate crisis in a sense took on countries which release more greenhouse gas emissions.A one-of-a-kind climate justice case that took place in the court of Hamburg, Germany.The recurring nations – including Bahamas, Tuvalu, Vanuatu, Antigua and Barbuda – in detail, they asked to the International Tribunal for the Law of the Sea to determine whether carbon dioxide emissions are absorbed by the marine environment can be considered pollution.As one of the largest carbon sinks on the planet, the ocean absorbs 25% of carbon dioxide emissions, captures 90% of the heat generated by these emissions and produces half of the world's oxygen.However, the excess carbon dioxide produced by industrial activities has already caused many imbalances, including high acidification of waters and the consequent negative impact on marine biodiversity.

Small island nations, gathered in the Small Island States Commission on Climate Change and International Law, are therefore seeking an advisory opinion.In practice, if the release of greenhouse gases, in the case of the oceans, were recognized as a form of pollution, then it would be easier to legally oblige highly emitting states to act against climate change.Although not binding, the court's opinion could then indicate new measures to be taken to limit global warming, as well as be used in other international forums to encourage climate action.However, according to the UN Convention on the Law of the Sea, states have the obligation Of protect the oceans from pollution.Therefore, if the request of the small islands is accepted, the new obligations will necessarily include the reduction of carbon emissions and the protection of marine environments already damaged by too much CO2.

As a result, the new measures will hopefully also contribute to directly protecting these small island states from already dramatic rise in sea levels and other extreme phenomena related to climate change.«Sea levels are rising rapidly and threaten to sink our lands under the ocean – said in a statement, Kausea Natano, prime minister of the small oceanic state of Tuvalu – extreme weather events, which are growing in number and intensity with each passing year, they are then killing our people and destroying our infrastructure.Entire marine and coastal ecosystems are dying in waters that are becoming increasingly warmer and more acidic."For these reasons, in short, the case was opened in Hamburg, which is among other things part of a broader campaign aimed precisely at collecting sentences from various international courts.The goal is clarify what the obligations are for states in the face of the acceleration of the climate crisis, starting from the assumption that there are those who have always emitted large quantities of greenhouse gases and those who, despite having contributed less, are instead paying the highest bill.

For example, a year ago now, the small island state of Vanuatu was the first country in the world to have officially requested a treaty on the non-proliferation of climate-altering fossil fuels.The proposal was presented to the UN General Assembly in New York by what is also, not surprisingly, one of the countries most vulnerable to the effects of climate change.Furthermore, again at the United Nations headquarters, a few months ago, the small island state located in the Pacific Ocean has already brought home an at times historic victory.The oceanic nation, particularly under pressure due to rising sea levels, had in fact asked to broaden the mandate of the International Court of Justice also to cases linked to the climate crisis.The resolution proposed by Vanuatu, as supported by 120 other countries, was approved by consensus.Thus, since last March, the International Court of Justice must also express its opinion on the ways in which states should act against climate change and, if their actions prove deficient, establish the legal consequences they could face.

[by Simone Valeri]