Can Environmental Justice be Achieved?
Abstract
Climate change and the environmental justice movement have come a long way in recent years and the release of the Intergovernmental Panel on Climate Change 2021 report highlighted the fact that humans are to blame for the climate crisis which demonstrates that humans must undergo a drastic behavioural change and focus on being sustainable in the future. This paper takes a realistic approach at achieving Small Island Developing States (SIDS) environmental justice in a world where the majority of activities and daily life contribute to their downfall. The threats to SIDS are considered and highlights the fact that current climate laws have neglected to take drastic action in protecting vulnerable islands against climate change. SIDS are a unique case where the urgency of the situation renders climate laws inadequate, however, this paper does not class climate laws as unimportant, only unsuited to the task for achieving environmental justice for SIDS. Therefore, SIDS must develop despite of climate laws lacking the global ambition to reduce climate change at an urgent rate, so this paper highlights approaches SIDS can take to achieve some level of justice and development.
Introduction
The issue of climate change has been researched, discussed, and observed over time and the conclusion is that human activity is contributing to the alteration of the world’s climate, resulting in increasing threats for communities around the world. The Intergovernmental Panel on Climate Change (IPCC) released a report emphasising that human activity has contributed to global temperatures rising which has increased climate issues, such as, heatwaves, fires, floods, and rising sea levels. The risks from climate change are disproportionally felt around the world and the issue is increased when world leaders actively go against international climate goals, putting industries needs before protecting the environment and not establishing sufficient national policy and adaptation schemes. This is evident by the high amount of greenhouse gas emissions in the atmosphere and the increase of environmental threats faced by states across the globe. However, in terms of climate policy and scientific advancement the focus on climate change is increasing but there are still ‘climate deniers’ who negatively impact the progression of environmental protection from damaging human activity by allowing harmful industry and western social norms to continue. A recent example is Donald Trump who made his beliefs known on climate change evident when he pulled the US from the Paris Agreement and continued to refer to climate change as a hoax despite countless scientific evidence. Scientists across the globe account for climate change as human induced, however, Donald Trump went against this and even pursued fossil fuels in his agenda and ignored the fact that climate change could cost the US hundreds of billions of dollars in losses just by the end of this century. Donald Trump was an example of a leader who prioritises economic businesses over the environment and risked the political relationships with the international community by ignoring the climate issues of the world. The UN Chief stated in the IPCC report that green economies are the focus to ensure that global emission targets are met and that global heating is reduced to save communities across the globe experiencing the effects of the climate crisis, however, it was emphasised that unity of states was required in order to achieve this goal. Therefore, the risk of climate change mitigation being dependant on the judgment of world leaders and the political agenda of states can hold back the advancement of environmental protection.
The mindset of people, leaders and communities is important when viewing climate change as it can impact the production of national climate laws and determines the focus that will be directed towards environmental issues. Unfortunately, people still view climate issues as a ‘poor countries problem’ but this is not the case, as many western countries are the ones who contribute the most to climate change and communities in those countries are impacted by the same issues. The recent floods in Europe demonstrates the destruction climate change can cause even to richer states, illustrating that no one is safe from the effects of climate change. Therefore, the threats of climate change will be felt around the world, but many states will not be able to handle the impacts of the climate crisis. The risks from climate change are serious, for example, 160 people have died and people are still missing due to the floods in Germany. The comments made by a German resident in a news interview stated that “you don’t expect people to die in a flood in Germany. You expect it maybe in poor countries, but you don’t expect it here.” Unfortunately, this is the mindset of many people across the globe, as less economically developed states are thought to suffer climate threats while developed states have the resources to mitigate these risks. The fact is that money can protect contributory states from the effects of climate change which is also fuelling the bad behaviour while aiding their avoidance of regulators. The ethical questions this raises is why less economically developed states are not granted the same safety against environmental threats that developed states issue for themselves.
Although climate change is affecting the world, the threats are disproportionate due to a state’s capacity to fight climate change linked to the resilience of a state. Small Island Developing States also known as SIDS are a prime example of already vulnerable states issues and threats being intensified through climate change. This creates an unjust impact on SIDS as they contribute little to climate change but suffers the most from its affects without having the resources to adapt. Western life is based a lot on harmful industry and a throwaway society which is why it is hard to achieve justice for SIDS as it will require a large amount of world-wide change. However, there are international laws and principles that are aimed at protecting the environment and states from climate change, but climate change is still a global issue in need of further discussions. Therefore, this paper will be discussing the path required to achieve SIDS environmental justice in today’s destructive world order and whether climate laws are best suited at halting climate change from worsening. Environmental justice is a relatively new term as some people still questions the validity of human activity causing climate change, and history shows that change can take a lot of time and advocacy, unfortunately scientists predict that many SIDS do not have a lot of time in the battle against climate change. Therefore, for SIDS to achieve environmental justice they must strengthen their position in the international community to establish what is rightfully theirs through loss and damages and increasing their independence through investing in SIDS blue economy’s, renewable energy and establishing firm national responses through just climate laws.
Environmental Justice Movements
The United States Environmental Protection Agency defined environmental justice as the ‘fair treatment and meaningful involvement of all people regardless of race, colour, national origin or income…’ which implies that climate laws are only valid and just when they are inclusive to everyone despite their economic or political power. Environmental justice has gained popularity as the effects of climate change and pollution have been unequally felt around the world and research has shown a correlation between social classes and links to environmental harm. An example of environmental justice was the dumping of hazardous waste in parts of America where the populations were minorities or black communities. This led to the establishment of environmental justice for those whose environment were being polluted linked to discriminatory factors including race and class. Therefore, the maldistribution of environmental disruption, goods and protection within indigenous communities and less economically developed states instigated the need for a global environmental justice movement.
The lack of protection for communities whether intentional or due to ignorance is up for debate, however, the correlation between minority communities suffering due to industries and governments careless decisions which impacts their access to a healthy environment cannot be ignored. Therefore, the only way to move forward with the global environmental justice movement is to recognise that current behaviour is unsustainable and will affect different communities around the globe. Contributory states participate in activities which increase the threat of climate change while having the resources to fight the drawbacks caused through climate change. Non-contributory states scarcely contribute to climate change but are the ones most affected by its impacts and lack the resources to battle the crisis. Therefore, the environmental justice movement is to protect the non-contributory states by recognising their position and acknowledging the impact that contributory states have on the world’s climate change crisis. It is unjust for states to suffer from an issue that they did not help create, therefore, we must concede the fact that there is a global inequity through climate change and the laws that govern it.
Environmental justice includes the recognition of other cultures, and that the environment plays a critical role in the culture of SIDS. Therefore, recognising other cultures is the first step in achieving international respect, strengthening states political negotiations in the climate crisis issues. The mindset that the international community must adopt is that every culture is important and deserves protection which will create a duty to protect communities and other cultures. Therefore, the difference in culture must be discussed, explored, and researched to fully understand the impacts the climate crisis is having on the world. Many cultures are linked directly to the environment making this connection crucial in achieving environmental justice for those communities. However, the only way to have a proper understanding of how to protect indigenous and minority communities is to include them in policy making. Researching a culture can only go so far, and the communities themselves are a priceless resource for the environmental justice movement. Environmental justice can be defined by as many policy makers, leaders, philosophers, and scientists but the main elements include the balance between social and environmental factors being considered when drafting climate policy. If communities feel abandoned by climate policy and continue to lose their land and culture, then environmental justice was not achieved.
The environmental justice movement is a global issue now recognised by the international community, for example, the Stockholm Conference in 1972 recognised that the climate crisis is a global issue and requires international cooperation to halt the negative effects of climate change. Also, it was established in the 1992 Rio Declaration that everyone has the right to a healthy environment which has been neglected due to the unsustainable behaviour and pollution driven by contributory states. The Sustainable Development Goals (SDG) has recognised the need to reduce inequality through sustainable development and has made that into SDG 10 to reduce inequality for states affected by climate change. Society’s norms are contributing to the climate crisis, with every car ride to work and keeping up with the latest fashion trends all adds to the climate crisis in some way. Habits are hard to break and change can be the most difficult action to take, thus, it is improbable that a social adjustment on the scale required for world-wide environmental justice. Even though social norms are contributing factors to climate change it does not mean that the mechanism and policies created cannot be altered for the advancement of environmental justice. Therefore, any contribution and involvement of the international community in aiding and halting climate change should be celebrated. Once the gap of environmental inequality has been indicated then the power which created the unjust outcomes must be fought against, however, this can be done through inspiring young people, policy makers and communities to advocate for justice. This can be by allowing other cultures a place at the table at policy discussions and providing educational resources to communities to enable them the pathway to be more involved in policy creation and of international thinking of solutions to the problems sourced locally.
The definition of environmental justice has been altered and modified to suit different environmental issues and solutions, for example in 1982 it was defined as the exclusion and ‘deliberate targeting of communities of colour…’ and it has also been described as the environment being a product that should be distributed equally for all. The global environmental justice movement reflects the fact that the effects of climate change are being unequally felt around the globe, and those who contribute the most to climate change are usually the ones who can handle the drawbacks of the climate crisis, leaving less economically stable states to suffer. The issue with this is that the states who suffer are facing extreme threats that threaten the existence of their communities, cultures, and land. Therefore, the global environment justice movement seeks to right this wrong by tackling climate change, altering the behaviour of states through sustainable development, and creating a global standard for environmental protections and care to protect states from further climate pressures. A sustainable balance must be met meaning that social needs may need to be compromised in order to make room for environmental essentials that require attention, as social and economic needs have always been advanced without thinking of the environmental consequences leading us to the current climate crisis.
Current State of SIDS
SIDS are classed as a special group due to their vulnerability against climate change and the disproportionate risks they face compared to how little they contribute to climate change. SIDS are a group because they all have a strong relationship with their environment and lack the resources to adapt to the changing climate. There are 38 SIDS which are United Nations member states and 20 non-UK members, and they are all very different but classed together due to their dependence on the environment and increasing threats they face from climate change. SIDS are located across the Caribbean, Pacific, Atlantic ocean and Indian ocean, South China Sea and the Mediterranean. The total population of SIDS is 65 million equating to 1% of the world’s population. SIDS are remarkably diverse and not all SIDS are small islands that are developing. Papua New Guinea is the world’s second largest island but is still classed as a SIDS, while Guyana is not even an island but they are all still classed as SIDS. Therefore, SIDS are a varied group with unique cultures and backgrounds but are all linked together through the risks they face from climate change and the important relationship they hold with their environment.
Climate Change is arguably the biggest threat facing current and future generations, but the threats are not equally distributed between states. SIDS face multiple challenges, climate change posing the greatest threat to the existence of some states and the safety and security of the people living on remote islands. The suffering endured by SIDS includes droughts, extreme weather and losing islands to sea level rise, such as, Kale and Rapita in the Solomon Islands. In 1970 to 1980 there were 25 states which suffered the most natural disasters in that decade and 13 of those states were SIDS emphasising the need SIDS have for environmental justice. SIDS lack the resources to deal with the adaptations required for climate change, an example used to illustrates SIDS and the threats they face describe climate change as a gun to the world, while more economically developed states are wearing bullet proof vest leaving SIDS to face the full force of the bullet. SIDS have limited resources due to the lack of space along with the high population density which already puts a stress on their resources. SIDS are more vulnerable to the effects of climate change; it was estimated that during the time of 1950 to 2004 the natural disasters in the Pacific Islands alone affected more than 3.4 million people. The threats caused by climate change include loss of biodiversity and sea level rise which could wipe out entire states, it also threatens the islands clean water sources and supplies from contamination. SIDS limited economic diversity limits their adaptation and mitigation responses making them more vulnerable when situations like COVID-19 disrupt the islands only source of income. Many SIDS main income is from tourism which has taken a huge dive due to the pandemic, making it harder to fight climate change with no income. In 2019 SIDS created 55 billion USD from tourism in export revenue and the pandemic halted the tourism sector which hit hard in states that are solely dependent on tourism for development and funds.
There have been estimates that by 2100 there will be an increase in sea level rise by 18-59cm, however, many scientists critique this as being too low and advise for a greater rise by 2100. This is of great concern for low-lying states as this estimate would leave them under sea level, those at risk include the Maldives, Tuvalu, and the Marshall Islands. Migration has already been initiated in some areas, for example, there have been migration from Tuvalu outer islands to the main land and international migration to places like Fiji and New Zealand. The migration is predicted to increase as sea level rise will take over the island, which creates the difficult situation of environmental justice for SIDS when it is entirely possible they may have to leave their homes one day due to climate change. Tuvalu is only one example of the culture and lifestyle that could be lost if we do not act and prevent climate change from stealing land from its people. Culture is developed over time and is linked to people’s belief and way of life and it is extremely important for social relationships and community development. Tuvalu’s people and culture have survived numerous threats from the world, including, slavery, colonization, and the introduction of new diseases. Therefore, it is a tragedy to allow the people to lose their connection with the environment, their ancestors, livelihoods, and identities to sea level rise. Culture is supposed to change over time and adapt to the changing world, however, the threats posed by climate change are too extreme to adapt to or mitigate which will result in a complete loss of culture and tradition. People losing their homes and way of life can have a huge impact on their mental health and physical wellbeing. The focus on migration is premature as we should be focused on protecting the states from climate change as an international community, but the dedication of the international community to fight climate change is not guaranteed. Therefore, preparation for forced migration is practical to ensure that livelihoods are among the only thing lost, as it is highly possible in unprepared situations that lives could be lost if the worst-case scenario is not considered by leaders and communities. However, the aim for SIDS is to ensure that land is protected for as long as possible and ensuring the rights of communities to live safely in their homes is safeguarded.
International Responses and Actions taken by SIDS
The international community has recognised the disproportionate threats faced due to climate change across the world and the fact that many states contribute highly to climate change at the detriment of others. The United Nations recognises SIDS as a special group advocating for greater international goals for ending climate change and limiting global warming through the United Nations Framework Convention on Climate Change (UNFCCC). SIDS are not helpless in the fight against climate change which has been evident in the advocacy to the international community to take actions against increasing global temperatures. Afterall, SIDS contribute little to the climate crisis which means that trying to persuade the world to rethink their actions is the only way for them to truly make considerable change. The risk of sea level rise was emphasised by the President of the Maldives in 1987 to the UN General Assembly and held scientific conferences to highlight the risk SIDS face from sea level rise, therefore, SIDS have been actively advocating for support and for contributory states to recognise the effect they have on the world. The Alliance of Small Island States (AOSIS) was created in 1990 by SIDS to strengthen and unite their cause in the international community against the effects of climate change. The impact of AOSIS has been important for SIDS in advocating the threats they face and promoting their interests to the international community, as their voice in international negotiations is essential in ensuring they achieve environmental justice. The concept and strategy of ‘save some islands’ was used and the objective was to leave some islands and let the sea take them while concentrating all their mitigation and adaptation methods on other islands. This concept was used for the Maldives but failed as it would allow traditional villages and culture to be lost to the sea, and AOSIS concluded that the strategy for SIDS will be that ‘no island should be left behind.’ Therefore, AOSIS combines the needs and interests of all SIDS as being important and valid of protection against climate change.
It has been argued that losing islands and land to sea level rise is part of nature and it is inevitable that land will be lost, and this argument is accurate in part. The issue is that climate change has caused a rise in sea level that will only increase in time putting islands at risk. Climate change is due to industrialisation and greed of many states which goes against the argument that sea level rise is part of nature, as human activity is contributing heavily to climate change. It has also been proved by the Netherlands that sustainable innovative engineering can be used to protect states from rising sea level if there are the right resources and skills available. The Netherlands have been at threat from rising sea level and in 1953 was hit by a storm which killed 1800 people and damaged land and property. The government set up a Delta Committee to focus on protecting the state from further storms and flooding, and in 2007 a second Delta Committee was created focusing on the sustainable development of the state by building with nature. Therefore, while SIDS are losing land the Netherlands have gained land by engineering new levees and dykes and it is estimated that there will be a kilometre of land gained on the north coast. The Netherlands is similar to SIDS as in their coast are densely populated and it is where the most of their economy is situated. Therefore, the coastal protection and adaptions is a big investment for protecting their economy along with the coast. The focus is on sustainable development and ideals like beach nourishment and growth with nature instead of focusing on fighting against nature. The Programme will cost 1.6 billion euros per year but decrease to 900 million euros per year after 2050, which indicated that protecting land and sustainable development is dependent on the states having a generous income. The Netherlands estimated that if they did not act against climate change, they would have lost 3.7 million euros on land, property, and income. Therefore, it is possible to save and even expand land with sustainable development but requires resources and financial stability.
The UNFCCC recognises that human activity has had a detrimental effect on the natural world and the climate and aimed at halting the climate crisis by creating a sustainable balance between human activity and the natural world. Climate Change has been established as a global issue by the international community, for example, the Stockholm Conference in 1972 branded the issue as one for global concern while the Earth Summit in 1992 recognised SIDS as being especially vulnerable. The relationship SIDS have with the ocean was also recognised in Agenda 21 which highlighted the importance of protecting the oceans for SIDS. The recognition of SIDS vulnerability to climate change led to the Barbados Declaration and Programme of Action (BPOA) for the Sustainable Development of SIDS which identified the need for international cooperation to aid the development of SIDS and reduce the threat of climate related incidents. Environmental Justice can be recognised in the Sustainable Development Goals (SDG) which focus on reducing the effects of climate change through sustainable development, for example, SDG 10 seeks to reduce inequality. The 1997 Kyoto Protocol allowed states to meet emission targets through their own domestic responses to climate change, however, it failed to engage the United States which is one of the biggest polluters. Although this was a big step in the international community in achieving unity for battling climate change, the results were not satisfactory and failed to engage and enforce the emission targets to standards. The Paris Agreement is a global treaty with the aim of reducing global warming, however, Frances’s goal was to reduce greenhouse gas emission by 40% by 2030 but decided to defer that goal. This is a significant neglect to the international goal of reducing global temperature as France was highly invested in the Paris Agreement negotiations but have deferred their emissions goals negating the global investments of reducing climate change. Therefore, there has been a global rally to halt the effects of climate change but the commitments of contributory states have been the minimum.
There has been a global recognition of the effects of climate change and the international community have taken steps to halt their impact on global warming, but states still contribute greatly due to unsustainable activity. Therefore, there is a global understanding that actions have consequences, but the consequences are being handed to those who have not contributed to climate change. This injustice is the reason for the environmental justice movement, and it requires global cooperation to achieve justice. The treaties, laws and principles have created a global standard for environmental protection and behaviour which still has a long way to go to achieve sustainability and justice for SIDS. Although these treaties and policies have halted climate change from getting worse it has not solved the problems that have already been caused by climate change. The Paris Agreement and the lack of enforcement and goal achievements illustrates that states need a lot of time to adapt before meeting environmental targets. Climate laws and principles are crucial in achieving environmental justice for both the environment and its people as it will regulate the activities which contribute most to climate change and initiate people to produce sustainable methods of production, travel, energy, and infrastructure. However, this will take time and politics, as issues like security and state sovereignty must all be considered before there can be international cooperation. Therefore, climate laws may not be the best suited at achieving environmental justice for SIDS, as their climate crisis is so urgent it cannot wait for international cooperation to be achieved and enforced. However, the recognition of the importance for climate laws to continue to be made and improved are essential as it strengthens the commitment for environmental protection, but currently climate laws lack the capacity and aspirations to meet the urgency of the climate crisis for SIDS.
Future of SIDS
SIDS have been avid advocators for halting the effects of climate change on an international level which has invested the interests of SIDS at a global scale. The AOSIS is involved in negotiations in the UNFCCC and their ‘1.5oC Stay Alive’ campaign was the source for the agreed temperature for the Paris Agreement goal, illustrating that SIDS involvement is crucial in achieving environmental justice.[1] It is evident that due to the urgency of the climate crisis for SIDS international climate laws lack the sufficient ambition to achieve SIDS environmental justice. Climate and environmental laws have been unsuccessful in protecting the natural world which is evident in the recent news of a gas pipe explosion in Mexico leaving the sea on fire or extreme droughts and heatwaves increasing in many areas around the world. The harsh reality for SIDS is that the climate crisis is only going to get worse, and the risk of forced migration is becoming highly likely for many low-lying SIDS. However, the majority of residents view migration as a last resort even though some SIDS have begun to review the implications of climate change migration. Although this sadly may be the outcome for various SIDS, the hope is that this can be prevented or reduce the risk by tackling climate change head on and implementing mitigation and adaptation schemes nationally. Therefore, SIDS must protect themselves in other ways that will strengthen their role in the international community and increase their resilience against the effects of climate change. The IPCC defined the vulnerability of states against climate change as a state’s ability to cope with the challenges produced by climate change, therefore, SIDS must focus on strengthening their resilience by boosting and diversifying their economies, financial instruments to aid investment in greener areas, and increase advocacy in the international community. The WHO chief established that climate change adaptation should be the focus for states to provide early warning signals of threats which will better enable states to adapt and prepare for the changing climate. Unfortunately, money and economic stability provides a lot of protection from climate change which is why achieving new business ventures and financial gains for SIDS is so important.
The problem with environmental laws and climate laws are linked to the fact that there is no value held for the environment besides what humans can benefit and gain from the environment. The environment has taken a backseat while human activity has caused people to ignore their role as stewards to the environment and claimed the natural world as human’s servant. This is evident in the fact that everything is linked in some way to the economy and financial gain. An example is the Gross Domestic Product (GDP) measurement of states which impacts the development of states and influences policy; however, this should not be the main focus for SIDs as the most important factors should be the communities and the environment. The GDP determines the policy positions of states as it influences the money invested in which area and the focus governments have on improving certain sectors. However, the issue for SIDS is that their environment and community should be more of a focus than the GDP of the state, but the economic state of a place has more value than the environment it protects. Growing industry and development has led to a throwaway world which will never resolve the climate issue, therefore, the world’s norms have to be addressed to protect SIDS from climate change and the integral focus of all policy and life should in some way demonstrate and mitigate the environment and the damages already caused by past mistakes. Therefore, for SIDS to truly achieve justice the worlds social norms must be altered to address the implications human activities have on the environment, and this is unlikely to occur before islands are lost to rising sea levels. SIDS residence are aware of the risks associated with climate change as in some circumstances they witness its effects every day, however, many people view the issue as bigger than them to solve. The majority of SIDS hold the view that it is the responsibility of their governments to negotiate and advocate for climate change internationally on their behalf. There are further ways that SIDS can strengthen their position against climate change without relying on the states that contribute the most to climate change, and this is to establish loss and damages internationally, invest in the blue economy and renewable energy, and focus on establishing efficient national responses in risk disaster assessments and environmental policy.
Loss and Damages
SIDS are already living with the impacts of climate change and the damage it has caused cannot be undone, which begs the question of how we achieve environmental justice for the harm that has already been caused. It is ethically viable that developed states aid developing states financially for climate change adaptation and management, as the effects are unequally matched for SIDS, while developed states contributed largely to the climate crisis. SIDS are very vocal internationally on the inclusion of loss and damages to aid the effects of climate change and it was a big part of the Paris 2015 negotiations although there was no definite definition set out. Loss and damages were promoted by SIDS to be the third pillar along with mitigation and adaptation to aid the effects of climate change that are irreversible to any mitigation or adaption undertaken by the states. There have been schemes allowing debt swaps where debt was converted into investment into green sectors and climate resilient adaption projects, however, loss and damages focuses on the economic loss from climate change through damages caused by contributory state emissions. The pandemic caused SIDS to lose one of their greatest economic sectors causing SIDS to approach the international community and ask for financial aid during the pandemic. Establishing an international loss and damages for SIDS will ensure that contributary states take responsibility for their actions and enable SIDS to better adapt to the climate crisis. Therefore, development of national and international schemes and strategies to address loss and damages for SIDS is desirable to reach environmental justice for SIDS. The AOSIS advocating and ensuring funding for SIDS led to the Warsaw International Mechanism for loss and damages in 2013, however, more needs to be done for loss and damages on an international scale.
Loss and damages includes many legal, political, and ethical issues, but the money gained through loss and damages can be used for mitigation, adaptation, risk assessments and investment in sustainable development for SIDS. The financial support can allow SIDS to adapt to the effects of climate change as the risk they face are brought about through the greed or ignorance of others. The way of the world will not change overnight, therefore, SIDS must protect themselves by holding those responsible for contributing to climate change. This is going beyond states just throwing money at SIDS to keep them quiet about the risks they face due to climate change; it is states taking financial responsibility for the harm they have caused by providing resources to SIDS. It also means that SIDS have a fighting chance while contributory states review their emissions goals to better aid the future. Loss and damages are ambitious, as contributory states are unlikely to take legal responsibility due to the negative impact that this will bind them to. Another issue is that many states have contributed to climate change so establishing a line of causation can be difficult to find the culprit for every climate related issue and how to identify the wrongful act made by the state when harmful activity occurs all the time.
States withdraw in situations like loss and damages as it incurs liability and compensation, and in cases of international law it relies a lot on cooperation and states binding themselves in international agreements. Therefore, states must take responsibility for the harm caused, however, usual business of states contributes to climate change so it questions what will amount to a wrongful act by a state. There are environmental principles of international law that seek to protect states from harm, like the precautionary principle and reducing the risk of transboundary harm. International treaties seek to protect the oceans and states territory from harm and preserve the natural resources required for stable living, however, states ignore the harm and risks occurring to SIDS from past and current behaviour. Loss and damages can right that wrong and provide SIDS a fighting chance against climate change. It can also extend to protect the things that are really important. The loss of culture, and way of life are classed as intangible loss that has no economic consequence, however, for SIDS the environment and culture are their biggest resource and should be focused on for protection. Therefore, the future of loss and damages will look at more than economic loss, but the losses caused to communities and how financial support from contributory states can further protect them from climate change. The financial support can allow SIDS to build and become sustainable and dependent on themselves, while holding contributory states to account for climate change.
Blue Economy
The ability to adapt to climate change is dependent on resources which is linked to a state’s economic income. SIDS like Haiti and Comoros are classed as Least Developed Countries (LDC) which means they have limited resources to face the threating impacts of climate change. Therefore, SIDS require strong economies if they are to be considered safe in a world where economic wealth can provide significant protection to communities and livelihoods. SIDS in the Caribbean were still recovering from the effects of hurricanes when the pandemic hit meaning that there was no income from tourism to aid their recovery. Places like the Maldives count on tourism for 50% of their economy and places like Saint Lucia count tourism revenues as 98% of exports. Investing in the ocean is the best way for SIDS to boost their economies as some states are self-identifying as Large Ocean States as they possess more ocean than land. SIDS can control 30% of the world’s ocean through their Exclusive Economic Zone (EEZ) enabling them the best position for stewardship of the ocean and the blue economy can allow them to develop sustainably.[4] The ocean is the SIDS biggest resource and funds focussed on restoring and building the blue economy will ensure SIDS have a greater resilience to climate issues through mitigation and adaptation, funds that could be sourced internationally through loss and damages. Ensuring that the blue economy is thriving ensures that SIDS have a greater resilience to climate issues as these threats are only going to increase and income can provide security for SIDS.
The High-Level Panel for a Sustainable Ocean Economy conducted a study and concluded that every dollar invested in the blue economy will gain an increase on average of 5 dollars in return. Therefore, once initial funds are gained for SIDS to diversify their economies, they will begin to become less dependent on unreliable sources of income and reinvest into sustainable development. This means that investing money into business and restoring the environment can protect SIDS from climate change in more ways than one. Restoration of mangroves and sea grass can act as carbon stores fighting against climate change by removing carbon dioxide from the atmosphere. Mangroves also act as a barrier to invasive species and protects the lands infrastructure from bad weather. Investing in aquaculture and fisheries management can ensure fish are regulated reducing the loss of fish and using communities’ skills and knowledge to build the industry and provide food security for islands. Schemes like the Organisation for Economic Cooperation and Development help states build on their blue economy and provide communities with the knowledge of how to achieve financing for economy transitions. Investment and plans for the blue economy are already underway with the 2013 roadmap for the blue economy in Mauritius and the 2018 Seychelles for Sustainable use of the seas through marine spatial planning.
Renewable Energy
SIDS are reliant on energy being imported and it is normally fossil fuels which contributes to climate change. Expanding SIDS renewable energy sector will allow them to become more independent and have better resources to battle climate change without relying on imports. It will also enable SIDS to be reliant on renewable energy instead of relying on harmful fossil fuels that only contribute to the climate crisis. Although SIDS are dependent on fossil fuels they still contribute the least to climate change, however, this does not dissuade them from improving their sustainability in the energy sector. There are a few states, such as, Trinidad and Tobago that produce their own oil, however, many SIDS rely on imports for their energy which is why they have high electricity and energy costs. It also means that they are vulnerable when it comes to increase oil prices and it can affect the states and supply interruptions occur increasing their vulnerability. If SIDS were to become reliant on themselves to produce their own energy it would save them money and decrease their vulnerability to external circumstances. The fact that SIDS are so dependent on imports increases their susceptibility to threats like COVID-19, which will negatively impact the states taking them away from reaching environmental justice.
Reaching carbon neutral status for SIDS is achievable, for example, Tokelau is nearly 100% reliant on renewables and even power generators using coconut biofuel and Barbados is on track to have zero carbon emissions in 2030 by using solar water heaters. Wind turbines have been used for activities in agriculture and have been used out at sea to generate energy, however, wind turbines lack consistency for some SIDS. The wind must depend on the season and area, for example, an island with a lot of trees can block wind from reaching the turbines, while low-lying SIDS are unlikely to benefit from wind turbines due to the lack of wind. Therefore, solar panels can be more efficient as SIDS have guaranteed sun allowing a high supply for solar energy. Another renewable energy option is the use of biomass which has become one of the main energy sources in SIDS. The issue with establishing renewable energy sectors is the resources and skills required which all involves financial investment. There are international mechanisms, such as, the SIDS Dock Initiative which was established in 2010 enabling SIDS to receive financial investment for sustainable energy development. Investing in SIDS renewable energy sector will allow them to build on their independence away from imported fossil fuels and allow them to invest in sustainable development by building on the skills of communities to aid the transition.
Renewable energy will mean jobs for SIDS citizens but will require a just transition of workers. This requires adequate training of employees and enabling them a chance to succeed in the green sector. Therefore, sustainable development can benefit both the environment and the people by providing people with stable finances and job opportunities. The issue with areas like fossil fuels is that the resources are not infinite and the effects of using and mining fossil fuels are detrimental to the environment and contribute to global warming. The great thing about renewable energy is that they will not run out providing the state with secure energy and stable jobs as the resources cannot be used up. Investing in the renewable energy sector benefits communities in more ways than one by providing secure jobs and protecting the environment from harmful fossil fuel use. Therefore, environmental justice involves a lot more than just protecting the environment as it sets out a balance between social needs and mitigating the effects on the environment. Renewable energy is a perfect example of sustainable development benefiting a state’s economy and workforce while protecting the environment. The outcome is that if the transition from fossil fuel related activity to renewable and green sectors is not inclusive for current and future workers then environmental justice will not be achieved. The rights of workers and communities to benefit from the green sector is essential in achieving environmental justice and requires sufficient training and accessibility for local people.
National responses
SIDS must respond to climate change by adaptation and mitigation strategies to the best of their ability. Adaptation planning is using information about the present situation to scientifically predict future climate change and the effect it will have on SIDS to ensure they can plan future mitigation plans. The Pacific Islands are calling on the UN for a special group to review and manage the risk climate change poses to security and to produce risk assessments linked to vulnerability and forced migration. States like the Maldives and Marshall Islands risk being fully submerged as rising sea levels have gone past redemption, therefore, research into providing sufficient support to people who will lose their home and land needs to be considered. Therefore, SIDS rallying together to predict and improve their mitigation responses can be used to develop SIDS adaptation schemes conducted across SIDS. SIDS suffer from the same issues which means they can help each other by sharing solutions that have helped in national schemes. The Caribbean protects the ocean and its environment through the Caribbean Sea Commission (CSC) and the Caribbean Environment Programme (CEP) which governs the Caribbean Sea and recognizes that it requires sustainable development as it is classed as a ‘special area’ in need of support. The importance of the Caribbean Sea to the surrounding Islands is crucial for their survival which means that programmes like the Food and Agriculture organisations have combined their efforts with the CSC to incorporate its ideals into their fisheries programmes. This illustrates that ocean governance and protection must link to all aspects of life and the transition to a healthier ocean can be achieved. SIDS have control of the oceans as they have large EEZ’s and can produce policies to protect their oceans and land from further environmental harm. SIDS coming together with strong environmental laws that will protect the oceans and land by using strict principles could set an example for other states.
Creating national just policy for environmental protection is a starting point for SIDS in achieving environmental justice. Strengthening their stance on environmental protection on a national level will stable their position when negotiating on an international level. For example, Barbados has produced new legislation focusing on environmental protection, the new legislation is proposed to include a Climate Change Act and Environmental Management Act by including principles like the precautionary approach in national legislation. The propositions also includes a Disaster Management Act to focus on the worst case scenarios and responses in a legal setting. However, not all SIDS have the resources or technical skills to establish policy that protects the national environment. For example, the Bahamas lacks the resources to make policy in response to climate issues, whereas, Barbados has more skills to implement national legislation. Therefore, the South Pacific Geoscience Commission implemented the Disaster Risk Management (DRM) for national use to aid the development of policy and national plans in response to climate change issues, therefore, states can share beneficial policy plans with other states enabling the advancement of SIDS environmental protection policy to develop in unison. For national policy to be just it must consider the environmental implications along with the human impacts. A just national policy can be defined as including adaptation methods to climate issues, regulating polluters and promoting local communities’ rights. The importance of maintaining local people’s way of life and enhancing their quality of life will be through incorporating them into policy making and promoting their rights when developing laws. Therefore, it is important to recognises that just climate policy only works when the views of local communities are incorporated while allowing sustainable development through protecting the environment from further harm. SIDS have more power than perceived and their knowledge of the environment can be integral in creating strong environmental laws, and they could become a great example of communities living in harmony with the environment.
Environmental Justice for SIDS
The IPCC report illustrates that life cannot sustain itself if we continue living unsustainably with high greenhouse gas emissions being released into the environment. It has been predicted that at the end of the 21st Century there will be over 2oc temperature increase, furthering proving that international treaties and policies are not adequately fighting the urgency of the climate crisis. International climate change laws and policies are required to halt further damage to the environment but are not equipped to protect SIDS from the current climate threats they face today. The IPCC report on climate change emphasised that many of the effects of climate change are classed as irreversible, which means that mitigation attempts will be futile leaving environments permanently damaged or changed. An example of this would be when an animal becomes extinct then there is no point trying to protect them because they are gone and past redemption, thus, mitigation must not be in response of climate threats but apprehend them to successfully protect environments. Therefore, environmental justice for SIDS requires a conformity to international social norms in a way, as economic stability is crucial in achieving environmental protection. Unfortunately, that means money has a lot of power and can aid SIDS in their quest for justice. SIDS must strengthen themselves and cooperate with one another to allow them the power to protect themselves from contributory states pushing the limits of the natural world to breaking point. SIDS are threatened by activities like, shipping, industry and even tourism, which means these social norms are contributing to their downfall. Therefore, as SIDS have a claim on large parts of the ocean, they have the power to enforce a strong governance of ocean protection on the world’s ocean, enforcing a high standard of behaviour in terms of states conducting themselves in business. This would enable SIDS to protect their greatest resource while enabling sustainable development to occur and protecting the ocean for future generations. However, this requires unity of SIDS with strong governance, monitoring, mitigation, and environmental targets being met.
The answer to achieving environmental justice for SIDS will differ for various areas, but for SIDS it is achieving the recognition that they are facing a greater threat while contributing very little to its creation. Therefore, a change must occur at a global level for states to fully understand the impact they are causing to the world when they emit, pollute and disregard waste in an unsustainable way. Arctic sea ice is currently at its record lowest and global warming is set to increase meaning that sea level will continue to rise, and this is due to human activity, therefore, a global change is required to stop further irreversible damage to the environment. The mindset of states is still focused on economy building and state boundaries can sometimes get in the way of achieving unity on environmental issues. One state’s struggles with climate change threats may not be considered by contributory states if they are not aware of the struggle or ignore the effect as it does not impact them. Therefore, efficient communication to the international community and viewing the environment as connecting beyond the borders of one state will ensure that climate issues are viewed as a global problem and not just for a state to deal with. However, the legal, ethical, and financial responsibility ensures that liability is kept at a minimum within the international community as states prefer not to be bound in situations where compensation is involved. A quote by Ruhl in ‘What is climate change law?’ stated that ‘climate change is not only environmentally disruptive it is also a legally disruptive force’ which illustrates that legal concepts and ideals may have to be adapted in order to fully incorporate and deal with the harm caused by climate change.
The threat is imminent for SIDS which is why the discussion of environmental justice is so important. Legislation must be inclusive, transparent and hold polluters to account. This requires resources which can be accessed through international loss and damages and diversifying SIDS economy so that they have other stable sources of income. Limiting SIDS dependence on imports and improving renewable energy ensures that they can improve the sustainability of SIDS while improving their independence in the international community. Overall, national legislation must build on the culture and knowledge of local people while incorporating scientific targets and requirements to battle climate change. Therefore, SIDS require further loss and damage recognition, boost and diversify economies, advancing their blue economies, investing in renewable energy and strengthening national legislation. A strong push for stronger national laws on environmental protection is taking hold, for example, Costa Rica law now recognises a healthy environment as a human right and places like South Africa and Colombia are establishing similar national laws. National laws that recognise the importance of protecting the environment and establishing strong mitigation strategies will further increase global standards in terms of state behaviour. Increasing environmental standards benefits the globe as the environment is linked and every action counts towards reducing climate change. This is the mindset that needs to be adopted by every state citizen as one person’s actions can go a long way. The IPCC report emphasised that human activity is not sustainable and further damage will occur if we do not change our ways, and green and blue economies are the future for a sustainable way of life. Therefore, SIDS must push for greater green and blue investment to ensure they are on track to develop with these future goals. The outcome of the IPCC report is that mitigation schemes must be incorporated in order to fully protect states and environments from the effects of climate change and SIDS can pursue through sustainable means such as mangrove planting, sea grass protection, and expanding their renewable energy sector. Thus, for environmental justice to be achieved environmental mitigation must be incorporated in every aspect of life in terms of trade, travel, industry, development, employment, and recreational activities.
Conclusion
SIDS are engaging with the international community and furthering the discussion on what more can be done to solve climate change. The issues faced by SIDS are urgent and climate change needs to be addressed in order to gain them justice. The effect AOSIS had on international climate goals illustrated that it is not just climate laws and treaties that impact climate change. This means that although climate laws are necessary to build global standards and prevent further environmental damages, they may not be the best in aiding the current environmental disasters occurring from insufficient regulation from human activity. Therefore, as the climate issue SIDS are facing now are urgent, climate laws are not the best equipped at dealing with the urgency of the issue. Thus, non-state actors, charities, and social media are big influences when advocating for environmental justice and are as important for achieving environmental justice for SIDS as climate laws. Although climate laws are integral when battling climate change, it is not the only method at which climate change can be dealt with, arguably climate laws halt the growth of climate issues but lack the capacity to solve the issues that have already arisen. The issue with climate laws is that they differ from states and set different standards, making it difficult to produce an international standard of responsibility that binds states as international politics can make it difficult to create a mutual understanding. To ensure that future climate policy is just it must adapt to climate issues while regulating polluters and promote the rights and issues of communities.
Climate change can only be stopped through international cooperation as it is a global issue. The likelihood of the world changing its social norms and day-to-day activities is unlikely and sustainable development will occur but over time. SIDS do not have the time to wait for this change, therefore, they are unlikely to benefit from current climate laws and require another method to achieve environmental justice. This is due to the fact that some states will be submerged under water in our lifetimes. Therefore, SIDS must take action and unify to strengthen themselves as much as they can. This can be achieved through the blue economy, renewable energy, loss and damages and national policy. The ocean is their biggest resource and requires protection which can be conducted by SIDS through national policy and local knowledge. The inclusion of local people and communities in policy making is crucial to avoid further injustices and enables key information to be used along with scientific inclusion aiding environmental goals. Sadly, strengthening their economic stability is essential in achieving adequate adaption and mitigation strategies against climate change and will improve the quality of lives of the residents of SIDS. Sustainable development will result in SIDS increasing their independence and lack of reliance on harmful processes from Western states while allowing better opportunities for communities to develop with the environment.
Climate laws are essential for improving the future in terms of climate change and to further protect SIDS. The current COVID-19 pandemic is an important illustration of how climate change is affecting all parts of the world. For example, with the ice melting it is likely that a lot more diseases that we have not be subjected to will be released from the ice and cause further pandemics. Allowing the environment to deteriorate will result in further outbreaks and the world needs to comprehend that environmental protection will prevent further pandemics in the future. Therefore, there is a direct correlation with the destruction of the environment and the health of the world and its people. Allowing the worlds environment to deteriorate is actively contributing to the unjust and unfair environmental degradation occurring around the world, and unfortunately SIDS cannot rely on their economic wealth to deal with situation like the Netherlands or the United States. Preventing climate threats and issues is a global investment as it is cheaper to prevent the destruction than deal with the aftermath and the world is connected in many ways through the environment and economies. Global involvement in environmental protection is the best outcome and once the realisation hits of how much money that has and will be spent on tackling climate change issues should push for greater change, but unfortunately this realisation may come too late. Therefore, the environmental justice movement for SIDS focuses on achieving SIDS justice through strengthening their economy, political status, dependability on renewable energy and greener sources and gaining the recognition they deserve through international loss and damages.
Climate laws contains climate change preventing situations from getting worse in some instances as it regulates businesses and state activity but requires further laws and enforcement mechanisms to ensure that targets are met. Although it has been said that climate laws at the moment cannot fight the urgency of the climate crisis, SIDS involvement and advocacy in the international community is vital to truly demonstrate and advocate for the need to change in order to live sustainably. The 29th of July was the Earth Overshoot Day which means that we are now living on the resources of future generations which illustrates that the way of the world cannot last forever, and change must occur for life on earth to be sustainable. Unfortunately, climate laws have not got the ambition, and if international policy or treaties try and include ambitious targets or restrictions they are labelled unrealistic and not followed by states. Therefore, the focus was on ways that SIDS can strengthen their involvement in sustainable development and ways to battle climate change without relying on international change that may only happen when the worst has already occurred.
The ability of climate laws achieving environmental justice for SIDS is dependent on whether they amount to the relevant ambition for environmental protection and mitigation in every aspect of life. At the moment international laws and treaties are failing to meet the requirements for reducing global temperatures, therefore, SIDS must carry on advocating for greater action to be taken while establishing themselves as net-zero, green and blue economy focused states. Climate laws have the power to halt climate change, but the lack of enforcement for many international and national laws means that there will be no chance of a significant change. Therefore, climate laws have the ability to aid the effects of climate change and reduce the earth’s rising temperatures, and with development and improvements of climate laws the definition of future climate laws will hopefully be broad and inclusive. Leaders and policy makers must come together to further include environmental mitigation in future laws. Leaders of SIDS are more likely to incorporate the environment in laws as the environment is a big part of the community and lifestyle, especially because they live with the disastrous effects of climate change every day and understand the importance of reducing these risks. This is evident by SIDS advocacy to the international community, for example, a previous Maldives president held an underwater meeting where cabinet members wore diving gear to demonstrate the threats the nation face as they are at risk of being fully submerged by the rising ocean. This attitude must be taken by contributory states, as even though they have resources to adapt to the changing environment does not mean they should continue in their destructive behaviour. The threats SIDS face are urgent, and they cannot wait for legal principles and concepts to develop. SIDS can continue their advocacy to the international community as climate change is due to global activity, while building on their economies through sustainable development and strengthening their national responses to climate issues. Climate laws have the ability to stop climate change but at the moment are not reaching their full potential. Therefore, in the meantime SIDS must take action and ensure their own environmental justice.
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Statutes, Treaties and Cases:
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Climate Change Act, Barbados National Policy (2012)
Costa Rica Constitution, Article 50 (1994)
Costa Rica v Nicaragua [2013] ICJ Rep 354
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Kyoto Protocol, United Nations Framework Convention on Climate Change, ENER 026 (1997)
Paris Agreement, United Nations Framework Convention on Climate Change, T.I.A.S. No. 16-1104 (2015)
Stockholm Declaration, United Nations Conference on the Environment, A/CONF. 48/14, at 2 and Corr. 1 (1972)
The Rio Declaration on Environment and Development, E/CN.4/RES/1994/65 (1992)
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