AG: Bahamas prepared to argue its case at International Court of Justice against green house gas emitters

Thu, Mar 14th 2024, 04:13 AM

NASSAU, BAHAMAS — The Bahamas has prepared its legal case to support efforts in obtaining an advisory opinion from the International Court of Justice (ICJ) in the Hague as part of its strategy to gain 'leverage' to compel global greenhouse gas emitters to bear the costs of climate change on small island developing states, Attorney General Ryan Pinder has stated.

Speaking on a panel at the Royal Fidelity Economic Outlook on Wednesday, Pinder noted that a UN resolution in 2023 called upon the International Court of Justice, the principal judicial organ of the United Nations, for an advisory opinion to determine whether countries can be held accountable for failing to reduce greenhouse gas emissions which adversely affect countries like The Bahamas and other small island developing states.

Pinder told Eyewitness News: "The International Court of Justice in The Hague will deliberate on this request for an advisory opinion and make a determination. The Bahamas is going to be one of the few Caribbean nations that will present a legal case to the International Court of Justice, arguing why certain countries should bear responsibility for the impacts of climate change due to their failure to take proactive measures within their jurisdictions. We have diligently prepared a 125-page legal analysis to bolster our submission. Cabinet has been briefed on the submission process, with submissions due by March 22. Our goal is to meet this deadline and present our legal arguments. Subsequently, we will address any inquiries arising from our submissions."

Pinder suggested that a favorable outcome would give countries like The Bahamas leverage to hold major polluters accountable.

"By the fourth quarter, likely around October, we anticipate being prepared to present our case at the International Court of Justice in support of the advisory opinion. Given our disproportionate vulnerability despite minimal emissions, we see this as a significant step in line with the government's global agenda on climate justice and emphasizing The Bahamas' leadership. We aim to secure a favorable outcome to enable engagement with major emitters, seeking various benefits from financial assistance to climate adaptation support and technological capacity building. We have several options if we obtain a favorable ruling from the ICJ," Pinder said.

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