Antigua and Barbuda and other Small Island Developing States (SIDS) have welcomed a ruling in their favour by the International Court of Justice on the issue of climate justice.
Antigua and Barbuda, as a member of the Alliance of Small Island States (AOSIS) gave its full support to the organization as it brought the matter before the ICJ for an opinion. On Wednesday, the ICJ gave an Advisory Opinion affirming that climate harm is not just unjust, it is harmful.
The following is a press release issued by AOSIS:
A Victory for Climate Justice: AOSIS Welcomes Landmark ICJ Ruling
The Alliance of Small Island States (AOSIS) welcomes today’s historic Advisory Opinion from the International Court of Justice (ICJ) — a global affirmation that climate harm is not just unjust, it is unlawful.
This ruling is a testament to what small states can achieve through principled diplomacy, collective advocacy, and legal innovation. In 2019, 27 Pacific law students at the University of the South Pacific in Vanuatu planted the seed of an idea: that the world’s highest court could help protect the rights of nations most exposed to the climate crisis. That idea became a movement — led by youth, championed by Vanuatu, and supported by civil society, legal experts, and the solidarity of Small Island Developing States (SIDS).
In 2023, over 130 countries co-sponsored a UN General Assembly resolution calling on the ICJ to clarify States’ legal duties on climate change. Today, that initiative comes full circle — delivering a ruling that recognizes and reinforces key principles that AOSIS and our members have long upheld.
“This opinion reflects the strength of collective advocacy and the hope that has driven this initiative from the very beginning. It is the result of sustained advocacy by Pacific youth, legal experts from vulnerable nations, and States that chose not to remain silent. The ICJ’s findings demonstrate that moral clarity and legal authority can reinforce one another. This ruling must serve as a foundation — not a conclusion. We now call on all States to act with renewed urgency and ambition, in accordance with their legal obligations and the demands of justice.” — Ambassador Ilana Victorya Seid, Chair of AOSIS and Permanent Representative of Palau to the United Nations.
Key legal findings welcomed by AOSIS
- A binding 1.5°C obligation:
The Court affirmed that the 1.5°C target is not merely a political aspiration — it is a legally binding obligation, based on the Paris Agreement and subsequent decisions of its governing bodies. This is a revolutionary development. For SIDS, holding the line at 1.5°C is essential for continued viability.
- The duty to cooperate:
The Court reaffirmed that States have a customary legal obligation to cooperate in addressing climate change. Voluntary action is not enough. Climate justice demands coordinated, sustained, and legally mandated cooperation across borders.
- Maritime rights and sea-level rise:
AOSIS strongly supports the Court’s affirmation that sea-level rise cannot invalidate existing maritime baselines and entitlements. This provides long-awaited legal certainty to island nations whose territorial integrity is threatened by rising seas.
- Continuity of statehood:
The Court’s opinion upholds the principle that States do not lose their legal identity or rights due to climate-induced territorial loss. This aligns with AOSIS’s long-standing position that sovereignty endures — and must be preserved — even amidst profound physical changes.
- Submission of NDCs representing parties’ highest possible ambition AOSIS has continuously called for the submission of enhanced, highly ambitious NDCs by September 2025, and the AO delineates that “each party must do its utmost to ensure that the NDCS it puts forward represents its highest possible ambition in order to realize the objectives of the agreement”. Furthermore, we welcome the decision that the standard of NDCs assessment will vary depending on historical GHG emissions, and level of development and national circumstances.
A new chapter in international law Small Island Developing States are often called the moral voice of the climate movement. Today, we have demonstrated that our role is also legal, strategic, and enduring. The international legal system can be complex — but SIDS have shown how to navigate it with vision, determination, and skill.
This opinion is not the end of the road. It must now inform action across every level — including negotiations under the UNFCCC and Paris Agreement, implementation of national climate policies, and interpretation of rights and obligations in courts around the world.
In an increasingly unstable world, international law offers what SIDS need most: certainty, predictability, and resilience. We will carry this ruling into every negotiation, every courtroom, and every call for justice. For small islands, this is not just about climate — it is about our future. And we will never stop defending it.
