How International Relations Theorists Help Us Understand the Proper Role of the International Court of Justice in Climate Change Conflict
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The Alliance of Small Island States (AOSIS), comprising nations such as Tuvalu and Palau, has been at the forefront of international climate change negotiations, advocating for limiting global temperature increases to 1.5 degrees Celsius and seeking compensation for losses and damages from major greenhouse gas emitters like the US and China. AOSIS has also been pushing for the International Court of Justice (ICJ) to take up the issue, with potential ramifications extending beyond the affected island nations. This paper explores how scholars from various International Relations (IR) theoretical schools view the ICJ's role in rendering advisory opinions on climate change obligations, and how their perspectives may influence the narrative and outcomes of international climate change policies and regulations. The author aims to provide a primer on relevant IR theories, particularly Green IR theory, and offer advice to AOSIS member states on navigating these theories to advance international climate change justice, with the ultimate goal of saving vulnerable nations like Tuvalu and, by extension, the world.
In conclusion, environmental security concerns will increasingly dominate the international relations agenda due to the impacts of climate change, leading to a growth in climate-related conflicts. In the absence of an international legislature, the author argues that International Court of Justice (ICJ) advisory opinions are the best alternative to litigation, which is often hindered by political obstacles. The author emphasizes the need for a transnational, transdisciplinary movement based on Green IR theory to leverage ICJ advisory opinions into new customary international law, which could serve as a stronger basis for the UNFCCC regime to mitigate the worst impacts of climate change. The author calls for a paradigm shift towards Green IR theory and advocates for creative, cosmopolitan approaches to international law, such as empowering the ICJ to accept advisory opinions without Security Council approval, to counter the dominance of powerful states and provide support to vulnerable nations like those in AOSIS. Ultimately, the author joins the call for a sustained campaign by international lawyers and activists to push for climate change action and urges others to do the same.
