4 - Litigating Human Rights Violations Related to the Adverse Effects of Climate Change in the Pacific Islands

Summary

For many of the Pacific Island nations, the adverse effects of climate change already have distinct human rights consequences. From the loss of habitable territory to the threating the Pacific Islanders’ cultures and identities, the increasingly hostile environment created by cyclones and sea-level rise have become a severe problem. Rising sea levels, higher king tides and storm surges, saltwater intrusion and changing weather patterns are already forcing a growing number of communities and individuals to leave their traditional homelands. In light of the increasing global recognition of the relationship between climate change and human rights, the Pacific Island nations have shown interest in investigating the human rights implications of climate change and exploring ways to hold the big carbon polluters accountable. In light of the growing number of rights-based climate cases litigated in courts around the world, this article examines the possibility for forced displacement of island populations and loss of land and territorial integrity to be categorised as breaches human rights violations to which redress can be available.