But in 1991 it was completely different. Even then it was clear to the small island state that the consequences of man-made climate change would be devastating for the country. Like the island states of Fiji, Kiribati and Tuvalu, Vanuatu is one of the most endangered areas in the world.

On the international stage, Vanuatu therefore asked a question that was particularly uncomfortable for industrialized nations: it wanted to know who should pay for the costs of global warming? The island nation did so at the time as part of the South Pacific Forum, which included several island nations alongside Australia, New Zealand and Papua New Guinea. According to Vanuatu, anyone who pollutes the environment or the climate should also pay for the resulting damage.

Breakthrough after 30 years

The move fell on deaf ears for a long time. At the 27th UN World Climate Conference (COP27) in Sharm al-Sheikh, Egypt, in November 2022, the breakthrough that had been hoped for for more than three decades finally followed: The around 200 countries participating in the conference agreed to set up an aid fund for climate-related damage (“Loss and Damage”) to poorer countries. For many countries, this was considered the minimum goal of the COP27.

“We have run out of time and we have run out of money and patience,” said Vanuatu’s climate minister Ralph Regenvanu in advance. The effects of the climate crisis have intensified: many more problems are becoming visible, such as “heavy rainfall that causes landslides” or “large areas that are becoming uninhabitable due to water damage and flooding,” Regenvanu said in November.

Every second person affected by resettlement

“So we have to deal with a large-scale resettlement of people within the country,” the minister said. Protecting people from the growing climate threats is becoming “more and more difficult,” Regenvanu added. According to him, at least half of the country’s population and part of the capital would have to move.

Climate change is already costing the country dearly: the island state is currently spending 15 percent of its household budget on overcoming the climate crisis – the same proportion that it spends on health and education. Financial aid has been insufficient in the past. In the past ten years, around 100 million US dollars (around 95 million euros) in climate funds have flowed to Vanuatu. The country suffered damage of 600 million US dollars (around 570 million euros) from Cyclone Harold in 2020 alone.

Reuters/Edgar Su

The consequences of climate change – here Cyclone “Harold” 2020 – represent an enormous financial burden for Vanuatu

Ambitious climate protection measures

In early 2022, Vanuatu was one of the first countries to calculate new measures against damage and loss in its updated national climate action plan. These include offering microinsurance, building public buildings and infrastructure to mitigate climate risks, providing health services, protecting people displaced by disasters, and being able to move communities out of harm’s way. The implementation is expected to cost almost 178 million US dollars (around 168 million euros) by 2030.

The country also wants to cover 100 percent of its electricity needs with renewable energies by 2030. Vanuatu already has a negative carbon footprint. This means that it absorbs more CO2 than it produces. President Nikenike Vurobaravu also advocated a fossil fuel ban treaty at the UN General Assembly earlier this year.

Liability issue preoccupies UN General Assembly

Not only that: the small state wants to involve the International Court of Justice of the United Nations in the fight for more climate protection. A legal opinion by the judges in The Hague should clarify whether governments are legally obliged to protect their populations from climate damage and whether states can be held liable for any failures based on applicable international law.

In this context, it is specifically about examining existing international treaties such as the International Covenant on Economic, Social and Cultural Rights and the International Law of the Sea. So Vanuatu wants to know whether states are liable for missing climate protection measures. According to the island state, dozens of states are already supporting the plan.

The draft resolution by Vanuatu, which is intended to request a legal opinion from the International Court of Justice (ICJ), was presented to the UN General Assembly for discussion in the autumn. A possible vote could already take place at the beginning of 2023. To be adopted, the resolution needs a majority of the 193 member countries. Only then can a legal opinion be requested from the ICJ.

Vanuatu's President Nikenike Vurobaravu

Reuters/Caitlin Ochs

Vanuatu’s President Nikenike Vurobaravu at the UN General Assembly in September

Vanuatu inspired by students

As a small country that Vurobaravu says is “historically insignificant,” Vanuatu has learned to innovate. He told the New York Times (“NYT”) in an interview. The most recent advance is actually four years old and originally goes back to a group of law students, he also stated.

As a cyclone

are used in meteorology to describe the tropical cyclones in the Indian Ocean and the South Pacific.

Climate change is always an issue in Vanuatu. In recent years, the country has been hit by devastating cyclones. Cyclone Pam leveled entire villages to the ground in 2015. Crops were destroyed. Eleven people died – thanks to the functioning early warning system, more victims could be prevented. In 2020, “Harold” again caused severe devastation and deaths. Category four and five cyclones have now become common – during the November through March cyclone season.

According to the NYT, six villages on four islands are already uninhabitable. The drinking water there is considered to be too salty. In addition, coral reefs and vital fish stocks have been destroyed by hurricanes and rising sea temperatures. The population had to be resettled. And: “Dengue and malaria are on the rise,” the “NYT” continues.

Geopolitics as a factor

In any case, Vanuatu’s advance is not easy. A similar campaign by Palau and the Marshall Islands failed over a decade ago due to opposition from powerful states. “A decision by the International Court of Justice could be the most significant statement yet on the obligations international law places on states to control their greenhouse gas emissions,” said Michael Gerrard, a law professor at Columbia Law School who worked on the previous Palau and Marshall Islands effort was involved.

Vanuatu’s geopolitical relationship differs from that of Palau and the Marshall Islands, where the US has great influence. This also has to do with the special history of the state, which consists of 83 islands. Vanuatu was under joint Anglo-French administration from 1906 to 1980. In 1980, Vanuatu became independent and as a result helped create the Alliance of Small Island States (AOSIS).

Today Australia is considered to be the most important trading partner. The country is protected by Australia, New Zealand and France. But China has also recently tried to expand its diplomatic influence in the area. However, Vanuatu does not want to be put under pressure by rich industrialized countries, as Vurobaravu told the “NYT”. “If they threaten us, do we stop it? This thing will stop? I doubt it.”

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