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Climate and the rule of law: why states must step up now

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In our latest newsletter, Hina Jilani explains what a proposed UN-backed legal opinion on climate change, led by Vanuatu, might mean for the rule of law and human rights.  
 
Adapted from The Elders' monthly newsletter. Sign up for regular email updates from The Elders.
 

Dear friends, 

We must not let the current state of the world discourage our endeavours for a better future. To be hopeful is our best chance to continue the fight for a fairer world.   

One country embodying this determination is Vanuatu, which has been driving momentum on global climate action – catalysed by a group of Pacific Island students who successfully campaigned for an advisory opinion on climate change from the International Court of Justice (ICJ). Vanuatu, together with a cross-regional core group of countries, is advocating for the collective endorsement and operationalisation of this legal guidance on the world stage, advancing it as a resolution at the UN General Assembly. 

The fight for climate justice has long relied on political will – through nationally determined contributions, voluntary ambition and negotiated compromise. But the advisory opinion of the ICJ marks a shift beyond this approach. The Court made clear that states have legal obligations to protect the environment and prevent environmental harm across borders, and may face liability where they fail to do so. This is not merely a matter of climate policy; it is a question of justice and the protection of human rights. 

My own country of Pakistan is living the reality of the climate crisis, and I have seen first-hand how it affects communities. From floods to droughts and extreme heat, millions are losing homes and livelihoods, and vulnerable groups are being pushed deeper into poverty. Like my country, so many others in the Global South are suffering in the same ways. 

Now the legal guidance is clear, excuses from those most responsible are harder to sustain. But we must go further to ensure that this legal clarity is translated into concrete action – action that protects those already bearing the brunt of the crisis. This is exactly what the Government of Vanuatu and its partners are advocating for with their proposed UNGA resolution. 

This resolution represents something more. It is an opportunity for the international community to reaffirm its commitment to the rule of law – not as an abstract ideal, but as a practical tool for protecting people and upholding human rights in the face of a global crisis. It is a moment to demonstrate that international law can still guide collective action and deliver justice for those most affected. It is not only a legal milestone, but a symbol of hope. 

With the vote expected to take place in mid-late April, I urge all member states to support a robust Resolution so that it passes with a strong majority. Climate impacts are accelerating faster than political responses, and no country is immune.  

This is our chance to act, but it will succeed only if states show the necessary political will and urgency. We owe it to the students who started this movement – who campaigned fervently and refused to accept their fate. Their courage demonstrates where the power of civil society can take us, if only we support it. 

With thanks for your ongoing support, 

Hina Jilani 

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