Climate Change Resilience
29 November, Paris, France, COP21 – Ahead of the two weeks of negotiations expected to result in a climate agreement to decide the fate of Pacific island countries, a publication is to be released that links human rights obligations with those under the United Nations Framework Convention on Climate Change.

A Special Issue of the Journal of South Pacific Law , produced by the School of Law of the University of the South Pacific in Port Vila, Vanuatu, includes papers that explain how human rights obligations reinforce existing obligations under the United Nations Framework Convention on Climate Change (UNFCCC)

Cyclone Ian1 web copy
After Cyclone Ian in Tonga (c) Tonga Meteorological Service. The Special Issue includes an article on the UNFCCC and international human rights law which could be used as a basis to claim reparations for damages resulting from Category 4 Cyclone Ian that struck Tonga in 2014.

"Pacific Island countries are at the forefront of climate change. The adverse effects of climate change already affect a range of human rights of individuals and communities in the region," said Dr Margaretha Wewerinke of the School of Law, USP in Vanuatu, who co-edited the Special Issue.

"These rights are enshrined in a range of treaties and conventions that create legally binding obligations for all countries—including an obligation to cooperate with other countries to realise human rights."

A preview of the Special Issue is launched ahead of the opening plenary of the Ad Hoc Working Group on the Durban Platform of Action (ADP) during the 21st Conference of the Parties to the UNFCCC. The ADP is the body tasked with the development of the new climate change agreement to be agreed upon by 11 December, 2015.

"Ensuring Consistency with Existing International Law of another Climate Change Agreement" written by Dr. Curtis Doebbler, this contribution is an in-depth analysis of the ADP current negotiation text and the numerous options it contains.

The Special Issue also includes an article by Calvy Aonima and Shivanal Kumar, who analyse the potential for a reparation claim by Vanuatu for damages resulting from Cyclone Pam. This contribution focuses on the UNFCCC as a legal basis for this claim.

A contribution by Fitilagi Fa'anunu analyses how the UNFCCC and international human rights law could be used as a basis to claim reparations for damages resulting from Category 4 Cyclone Ian that struck Tonga in 2014.

Another contribution to the Special Issue is a commentary by Dr Flavia Bustreo, Assistant Director-General of the World Health Organization (WHO), which discusses the role of WHO in addressing the adverse effects of climate change on the enjoyment of the right to the highest attainable standard of health.

"We will be launching this Special Issue in the margins of the COP21 in Paris but wanted to share the contribution by Dr. Doebbler that reviews the current ADP text as a preview, as it's very timely" said Ms. Fitilagi Fa'anunu, a postgraduate student of the USP, also a co-editor of the Special Issue.

"We believe the contributions to the Special Issue will provide an incisive view into the added value of existing international law to Pacific Island leaders, negotiators and communities—within and outside the ongoing climate change negotiations."

Details of the launch of the "Special Issue of the Journal of South Pacific Law on Human Rights and Climate Change Law", produced by the School of Law of the University of the South Pacific in Port Vila, Vanuatu will be released early this week.

To find out more on the Special Issue please contact Dr Margaretha Wewerinke at [email protected]