PISFCC & WYCJ Post COP28 Joint Statement

Members of PISFCC & WYCJ

Photo credit: PISFCC

The COP28 held in Dubai, United Arab Emirates this year has seen a lot of ups and downs. It recorded historic attendance which saw, in the opening few days, the operationalisation of the Loss & Damage Fund that will be hosted by the World Bank. This means climate vulnerable countries will now be able to access this fund. Despite strong civil society opposition to the host of the fund, two key issues still remain - the filling of the fund and the accessibility of the available funding through the World Bank. By the conclusion of COP28 USD 792 million was pledged for this fund. 

COP28 was also expected to be the mitigation COP, with the phase out of fossil fuels being its main focus. For the first time, The UAE Consensus mentioned the need to transition away from fossil fuels - something which was  deadlocked for years. Many have called this the beginning of the end of the fossil fuel era. This is a positive achievement considering the seismic lobby of the fossil fuel industry present at COP28 to limit any language on fossil fuels. It also is an ‘incremental’ step in the right direction towards the common and shared goals of keeping the 1.5 goal alive. 

Nevertheless, the outcomes of COP28 once again remind us of the tremendously slow-paced nature of progress. While the steps are in the right direction, our pace is in no way proportional to the severity of the crisis we face. Precisely for this reason, the campaign for an ICJ advisory opinion on the obligations of states is crucial and timely. The advisory opinion will be a strong complement to the UNFCCC and the Paris Agreement, significantly filling gaps in the law and enabling the realisation of climate goals and accountability in State compliance. . 

At COP28, the ICJAO movement worked hard to motivate countries to make written submissions to the ICJ in order to inform a robust, and ambitious advisory opinion. States and authorised international organisations have until 22 March 2024 and 24 June 2024 to submit   their written submissions and the written replies, respectively. 

The Pacific Islands Students Fighting Climate Change and World’s Youth for Climate Justice have strongly encouraged States, especially developing States and those that are most impacted by the adverse effects of climate change to make strong legal arguments on the protection of human rights and intergenerational equity before  the ICJ. We engaged with States in Asia, the Pacific, Latin America, the Caribbean, Africa and Europe to encourage them to participate in the advisory proceedings and make adept and impactful submissions that will address the climate crisis through established principles of international law. We also strongly encourage States to include voices of girls, women, youth and indigenous and local communities by including their stories in their statements before the Court.  

PISFCC & WYCJ will continue to encourage all States and coalition of States and non-state organisations that have been authorised by the ICJ to make written statements. We encourage them to build upon the Paris Agreement, and other relevant sources of international law, environmental law and human rights law that are complementary to the UNFCCC.