Vanuatu has tabled a draft resolution to the UN to formally endorse last year’s International Court of Justice advisory opinion on climate change. Despite pressure from big polluters to stall the momentum from international law to action, island nations like Vanuatu continue to push for accountability.
The current draft resolution responds to the unanimous ICJ advisory opinion on climate change, which among others confirmed that:
- The 1.5°C limit is legally binding, not aspirational, and must guide all state conduct.
- States have binding obligations under customary international law to prevent foreseeable climate harm and resulting rights violations – obligations that apply to all countries, including those that have withdrawn from the Paris Agreement.
- Fossil fuel subsidies, exploration licenses, and continued production can breach international law.
- Climate harm can be attributed to individual states, and states cannot escape liability by asserting that they are only one of many releasing greenhouse gases.
- States must regulate private actors, including fossil fuel corporations whose emissions cause harm, including transboundary devastation.
Fenton Lutunatabua, 350.org Programme Lead Pacific & Caribbean, said: “Six months ago, this advisory opinion was unanimous, meaning all agreed that countries have the legal responsibility to avoid climate harm and are liable for the damages if they fail to do so. This decision put the fossil fuel industry, and the governments that enable them, on notice. It is crucial, for all of us on the frontlines, that this notice be turned into concrete action.
“The world may think that the climate crisis is confined to islands like ours in the Pacific, but the reality is that it is impacting everyone – from heatwaves in Australia to wildfires in the US. As people that have lived this reality for decades, we are urging the international community to grasp this opportunity to avoid the worst of it. Global cooperation to solve this crisis is in everyone’s best interest.”
Anne Jellema, Executive Director of 350.org, said: “Vanuatu’s leadership is a powerful reminder that climate justice is not abstract, it is rooted in law, responsibility, and lived reality. The International Court of Justice has made clear that protecting people and the planet is a legal obligation, not a choice. This UN resolution is about turning that clarity into action.
“At a time when some governments are trying to delay and deny, island nations are showing what true leadership looks like: standing up for fairness, accountability, and a livable future for all. Communities on the frontlines should not have to pay the price for pollution they did not cause. The world now has both the moral and legal mandate to act, governments must rise to that moment.”