Use of International Litigation by Small Countries to Pursue Climate Goals

Climate change poses a survival threat to small countries, especially island nations. These countries have limited resources and are vulnerable to extreme weather events, and thus are particularly affected by environmental degradation. Despite the limited economic and political power of these countries, they are increasingly turning to international litigation, demanding that the major polluting countries take responsibility. Recent developments, such as the request for advice from the ICJ and the ITLOS reflect a growing trend of small countries seeking laws that clarify their national obligations on climate change. Small countries hope to safeguard their rights through international legal channels, influence global climate governance and promote the strengthening of environmental protection. This paper will focus on discussing how small countries use international litigation to advance climate goals. Especially focusing on case studies of the advisory opinion mentioned by the ICJ and ITLOS and the legal analysis of treaties by the UN Charter, the research discovered the ways that the international litigation can be possible effective. The paper argues that strategic use of small countries bandwagon together, interpreting clearly of treaties and strengthen the efficacy of legal enforcement can enable the vulnerable states to contribute meaningfully to the global climate governance regime.