The Ministry of Foreign Affairs and Immigration (MFAI) remain engaged in the review of statements by other states and organisations relating to the International Court of Justice (ICJ) proceedings for an advisory opinion on the question of the Obligations of States in Respect of Climate Change.
On behalf of the Cook Islands, MFAI Director of Treaties, Multilaterals and Oceans Division Ms Sandrina Thondoo and MFAI Director of Pacific and Regional Affairs Ms Teuru Passfield delivered 31 copies of the 205-page submission by the Cook Islands to The Hague, Netherlands at 11.30am on Wednesday, March 20th, 2024.
It is the first ever submission to the ICJ – the highest international law court under the United Nations - the Cook Islands has made, joining 87 other states and authorized bodies that made submissions to the ICJ following the adoption of resolution 77/276 by the United Nations General Assembly (UNGA) in March 2023.
While the Cook Islands initially intended to support the submission of Vanuatu, who were the key proponent of the draft resolution to UNGA, authorization was granted by the ICJ in February for the Cook Islands to submit its own Statement. This ability to submit in own right enabled the experiences and perspectives of Cook Islanders to be documented in this global process, which aims to shape the legal landscape on climate change, highlighting different obligations of States in shouldering responsibility of climate change-related impacts.
Preparing the submission was no small undertaking with MFAI officials, over six weeks, working closely with Crown Law Counsel Mariata Pitman and legal drafting undertaken by Senior Law Lecturer Dylan Asafo with direction from MFAI, Crown Law and Climate Change Cook Islands.
“The adoption by consensus at the 77th UN General Assembly is affirmation that nations are united in our collective commitment to abide by existing climate obligations under international law, and to successful international climate cooperation,” said MFAI Secretary Tepaeru Herrmann.
“During the Cook Islands-hosted and chaired 52nd Pacific Islands Forum Leaders Meeting, Pacific Leaders encouraged all Pacific Island States to participate in the ICJ process, and we are very proud of the support we received nationally to do so. The input by local climate change experts, traditional leaders, youth, Government agencies, NGOs, as well as SPREP and SPC, was instrumental in enabling us to put together a Statement that reflects the climate change priorities of our ipukarea. It is imperative the Cook Islands participate in these global considerations of international law which have direct bearing on our circumstances, interests, and opportunities.”
MFAI wishes to thank all who contributed to these efforts, culminating in the in-person delivery of the Cook Islands submission to the ICJ and MFAI will continue to coordinate Cook Islands forward participation in this process in the coming months.
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