This chapter aims to present the main climate disputes in Oceania, firstly by surveying data on how small island countries have been affected by climate change, especially with regard to a new wave of migratory flows on the continent. To this end, the research seeks to identify which countries are signatories to the nine UN human rights core treaties and to understand the possible causes of the low adherence in the region. Subsequently, an analysis of cases brought to the UN treaty bodies is carried out, as well as an analysis of the Advisory Opinion requested by the Vanuatu Initiative. Finally, regional cases on climate litigation in the Pacific are addressed, listing how many cases there are and selecting three emblematic cases on the subject in order to better understand the legal context on climate change in these countries. The method used in this research is descriptive and analytical, and it was based on a systematic bibliographic review combined with a jurisprudential analysis on climate disputes in the Pacific.

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Climate Litigation in Oceania: Understanding Differences and Similarities Across the Continent

  • Valéria Emília de Aquino,
  • Marlon Antônio Rosa

摘要

This chapter aims to present the main climate disputes in Oceania, firstly by surveying data on how small island countries have been affected by climate change, especially with regard to a new wave of migratory flows on the continent. To this end, the research seeks to identify which countries are signatories to the nine UN human rights core treaties and to understand the possible causes of the low adherence in the region. Subsequently, an analysis of cases brought to the UN treaty bodies is carried out, as well as an analysis of the Advisory Opinion requested by the Vanuatu Initiative. Finally, regional cases on climate litigation in the Pacific are addressed, listing how many cases there are and selecting three emblematic cases on the subject in order to better understand the legal context on climate change in these countries. The method used in this research is descriptive and analytical, and it was based on a systematic bibliographic review combined with a jurisprudential analysis on climate disputes in the Pacific.