Climate Change and Pacific Island Countries: What role can a Pacific Environmental Trustee play in climate litigation and legal advocacy to address the causes of climate change impacting on the Pacific region?

Abstract

Pacific Island Countries (PICs) have contributed least to climate change yet are amongst the most vulnerable to its effects. While PICs have threatened climate litigation since 2002, no PIC has yet litigated a climate change case. The aim of this dissertation is to examine the scope for PICs to engage in climate litigation and legal advocacy before different courts, tribunals and UN bodies around the globe. With the climate crisis worsening and climate negotiations failing to deliver the reductions in GHG emissions needed to meet Framework Convention on Climate Change and Paris Agreement goals, this dissertation argues for the establishment of a regional Pacific Environmental Trustee (PET) to provide PICs with strategic climate litigation and legal advocacy advice. The PET could then advocate and litigate Pacific Island climate interests in courts, tribunals and UN bodies around the globe with a view to compelling GHG emissions reductions.