The recent International Court of Justice (ICJ) advisory opinion represented a significant moment for small island developing States (SIDS) globally. The ICJ was asked to clarify two fundamental questions: first, what obligations States have under international law to protect the climate system and environment from greenhouse gas (GHG) emissions for the present and future generations; and second, what legal consequences States face when their actions or omissions cause significant harm to the climate system, particularly regarding SIDS and vulnerable populations.
While international commentary has rightly focused on the opinion’s landmark findings on the obligations for climate action, the opinion also provides legal certainty that SIDS maritime boundaries and the vast ocean resources within them are permanently secured, regardless of sea level rise. The Court also found that “once a State is established, the disappearance of one of its constituent elements would not necessarily entail the loss of its statehood” – meaning small islands remain States even if their land is subsumed.
