Is litigation an effective weapon for Pacific Island nations in the war on climate change?

Laura Horn

    Research output: Contribution to journalArticlepeer-review

    Abstract

    Pacific Island nations face serious problems as a result of climate change. There are likely to be effects on their economy, culture and society and there may also be threats to the survival of the small low-lying islands. If temperatures continue to increase, it is very likely that there will be irreversible damage to coral reefs and to large areas of land that could be inundated by sea-level rise. These islands may experience a reduction of freshwater resources and more severe storms and cyclones. If Pacific Island nations seek a remedy at international law, there are a number of different fora where they could commence a legal action. Some of these are the International Court of Justice, the International Tribunal for the Law of the Sea, human rights institutions and the World Trade Organisation dispute settlement system. This article discusses the advantages and disadvantages of accessing these fora to try to obtain justice for Pacific Island nations that are facing the adverse effects of climate change. Another option for Pacific Island nations is that they may adopt other strategies to assist them to cope with future impacts, such as mitigation and adaptation strategies, or by seeking international assistance to obtain adequate insurance protection.
    Original languageEnglish
    Pages (from-to)169-202
    Number of pages34
    JournalAsia Pacific Journal of Environmental Law
    Volume12
    Issue number1
    Publication statusPublished - 2009

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