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Fighting for Climate Justice in The Hague: Payam Akhavan
Dec 11, 2024
In a compelling discussion, Payam Akhavan, an Iranian-Canadian human rights lawyer, shares insights on his role in a landmark climate case before the International Court of Justice, advocating for Bangladesh and small island states. Alongside Tariq Mohamed, Bangladesh's ambassador to the Netherlands, they delve into the pressing need for global accountability in climate action. The conversation highlights the intersection of climate justice with human rights, calling for robust legal frameworks to protect vulnerable communities from environmental degradation.
54:08
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Quick takeaways
- The podcast emphasizes the urgent need for wealthy nations to acknowledge their historical responsibility for climate change and support vulnerable countries like Bangladesh in their adaptation efforts.
- Payam Akhavan argues for the establishment of legal obligations under international law to ensure accountability of high-emission countries in compensating those affected by climate damage.
Deep dives
The Urgency of Climate Justice
Climate change is increasingly pressing, with projections indicating that 2024 could be the hottest year on record. The podcast highlights the disparity between wealthy nations, which often neglect climate change as a priority, and developing countries like Bangladesh, which are deeply affected despite contributing minimally to global emissions. Bangladesh’s ambassador to the Netherlands emphasizes the injustice faced by nations bearing the brunt of climate change, calling for immediate climate justice. The International Court of Justice hearings, initiated by Vanuatu, aim to clarify the responsibilities of high-emission countries to compensate those suffering the consequences.
The Human Impact of Climate Change
Bangladesh faces severe climate-related threats due to its geography as a low-lying delta nation, with significant portions of the population vulnerable to rising sea levels and extreme weather. The annual cost of climate disasters in Bangladesh reaches around $3 billion, and an estimated investment of over $400 billion is necessary for mitigation and adaptation efforts. This situation has fostered a burgeoning crisis of internal displacement, with predictions that nearly 20 million people will become climate migrants by 2050. The podcast underscores how climate change not only damages infrastructure and economies but also catastrophically impacts the health and lives of individuals.
Legal Responsibility and Climate Obligations
The discussion covers the principle that states causing harm through greenhouse gas emissions must be held accountable for their actions. Payam Akhavan, a human rights lawyer, argues that climate justice involves preventing harm to others and fulfilling the polluter pays principle. He asserts that developed nations, historically responsible for higher emissions, should take decisive action to mitigate climate change and assist vulnerable countries. The podcast elaborates on efforts to use international law not just for climate finance, but for establishing clear legal obligations around compensation for affected nations.
Future Generations and International Law
The podcast raises questions about the legal rights of future generations in the context of climate change, highlighting a potential shift towards a legal framework that protects their interests. It discusses how principles of international law, including the prevention of harm and the acknowledgment of human rights, should evolve to address the global climate crisis adequately. There is a growing recognition that states must be compelled not only to refrain from creating harm but also to actively compensate those impacted. The calls for enhanced legal accountability and the need for cooperation between nations reflect a critical moment in the evolution of international environmental law.
It's the world's most prominent climate case in history. Iranian-Canadian human rights lawyer Payam Akhavan discusses the legal arguments he made before the International Court of Justice (ICJ) on behalf of Bangladesh and small island states. The hearings seek to establish the legal obligations of states to mitigate climate change and the damage done by it — and the legal consequences for states which don’t fulfil those obligations.
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