Law scholar fights for island nations in landmark climate case

The world's smallest nations made some of the strongest arguments at a landmark climate change case before the International Court of Justice (ICJ) in December.

Among those asking the world's highest court to clarify the legal obligations of states to address climate change was University of Auckland scholar Dr Justin Sobion, who asked the court to remember that, “We do not inherit the Earth from our ancestors, we borrow it from our children”.

Sobion represented Grenada, and Saint Vincent and the Grenadines in the historic case and made a strong plea for justice for the small island nations on the frontlines of the crisis.

"Humanity faces a triple planetary crisis comprising the climate emergency, the collapse of biodiversity, and pervasive pollution," Sobion told the ICJ judges, who heard from 96 countries and 11 intergovernmental organisations.

"To avert this crisis, states have a fiduciary obligation to act as trustees of the climate system and the environment on behalf of present and future generations."

Sobion, a Caribbean-born environmental law expert who began his PhD studies at the University of Auckland in 2019 and graduated in September 2024, delivered powerful arguments to the court, painting a grim picture of climate threats.

"The climate system has been gravely damaged by irresponsible state and corporate behaviour," he said. "States – especially those that have mainly contributed to the climate crisis – have a moral duty to answer the call to restore the degraded climate system."

Citing the United Nations body for assessing the science related to climate change, he said, "Even at global warming of 1.5°C, small island states like Grenada are projected to experience high, multiple interrelated climate risks."

Sobion emphasised that no state owns the atmosphere, and all must work collectively to protect it.

He also celebrated the solidarity of Caribbean nations: "We are proud of our nine sister Caribbean countries who submitted written statements to the Court. We are confident that the impact of climate change in our region has not fallen on deaf ears."

Sobion's journey to the ICJ began in 2021 when his friend and fellow environmental law expert Prue Taylor connected him with some of the Pacific Island students who spearheaded the whole thing by lobbying Vanuatu to take climate change to the International Court of Justice.

"As someone born and raised in Trinidad and Tobago, and having lived in several Caribbean countries, I was able to assist in gaining the support of Caribbean states for this initiative," he says. 

Throughout the proceedings, Sobion observed a stark divide between the positions of the world's largest polluters and those of vulnerable nations.

“From attending the proceedings over the last two weeks, one could easily observe the divergence in arguments between the largest polluters (Global North) and the Global South (especially the Pacific and Caribbean islands).

"I also noted that the Caribbean and Pacific Islands spoke with one voice, demonstrating a seamless coordination of our ideas before the Court."

The stakes are particularly high for Caribbean and Pacific Island nations, where rising sea levels and intensifying storms threaten entire economies.

Looking ahead

While the ICJ's advisory opinion will not be legally binding, it carries significant weight. The Court's decision, expected in 2025, could influence global climate negotiations, particularly at future COP summits.

"This is just the beginning," Sobion says. "The climate crisis will not disappear with an ICJ advisory opinion, but it could open doors for other domestic and international climate justice matters."

For the law scholar, appearing before the ICJ was a career-defining moment.

"If you had asked me 22 years ago when I was admitted to practice law in Trinidad and Tobago, I would never have guessed that I would appear before the ICJ in my lifetime," he said.

"It was just a lofty goal – a remote, distant dream. Now, I have appeared before the Court on behalf of my region. It took a lot of hard work to get there, but our team did it."