Fleur Ramsay & Stewart Motha: Climate Justice and Insurgent Lawyering in the ICJ and Beyond

In this episode, Alofipo So’oalo Fleur Ramsay and Professor Stewart Motha present on climate justice and insurgent lawyering in the International Court of Justice and beyond. This seminar was chaired by Professor Margaret Young. Climate destruction and dispossession is having its greatest impact on small island communities and nations. In December 2024 the ICJ held oral hearings in its Advisory Opinion on Climate Change. Drawing on experiences in Papua New Guinea, Samoa, Vanuatu and beyond – this seminar examined the strategies and techniques of insurgent lawyering deployed in the ICJ process and in other courts and tribunals. While the dominant emitters of GHGs have sought to narrow the ambit of applicable international law to the United Nations Framework Agreement on Climate Change and the Paris Agreement – island states have pushed for the application of the full corpus of international law. The nature of loss, damage, and harm; the historical and future obligations of states, and the status of indigenous cosmologies are what is at stake in climate litigation. What legal strategies redeem marginalised peoples and their knowledges?