Praneeta Mahajan
Hamilton, September 19, 2024
Auckland Law School graduate Justin Sobion is stepping onto the global stage to tackle one of the most urgent issues of our time: Climate Justice.
Dr Sobion, who recently received his PhD, will represent multiple Caribbean countries at the International Court of Justice (ICJ) in The Hague, Netherlands. In December 2024, he will be involved in a pivotal case that could significantly influence the trajectory of international environmental law.
Climate Crisis
The case, initiated by the Pacific Island nation of Vanuatu, sees 132 countries asking the ICJ to clarify the legal responsibilities of states in addressing the climate crisis. These countries are seeking a clear understanding of their obligations to mitigate climate change and adapt to its impacts, as well as the legal consequences of failing to do so. The upcoming hearings at the UN’s top court, which begin on December 2, have attracted global attention, as the court’s ruling could set a significant precedent.
Dr Sobion, who hails from Trinidad and now resides in Auckland, is playing a critical role in the case, coordinating the submissions for Grenada, Saint Vincent and the Grenadines, and Saint Lucia. These nations are among eight Caribbean countries pushing for an outcome that will not only enhance their legal standing in international climate negotiations but also bolster their ability to claim compensation for climate-related loss and damage.
Reflecting on his journey to this pivotal moment, Dr Sobion explains, “In my doctoral studies, I focused on the duties of states, particularly in holding the Earth in trust for future generations. That background has made me a good fit to work on this case.”
Dr Sobion’s PhD thesis, titled “Earth Trusteeship: A Framework for a More Effective Approach to International Environmental Law and Governance,” explores how the concept of trusteeship could revolutionise international environmental law. His research suggests that if nations were to view themselves as trustees of the Earth, they would be more likely to prioritise the planet’s long-term health over short-term national interests.
Inspired by ‘Human River’
His path to climate advocacy began with an unexpected inspiration. While living in Switzerland and working as a human rights officer at the United Nations, he came across an article about New Zealand’s ground-breaking legislation that recognised the Whanganui River as a legal person. The legislation was the first of its kind globally, acknowledging the river’s legal rights and aligning with the Māori belief that the river is a sacred, living entity.
“The idea of a river having the same legal rights as a person fascinated me,” said Dr Sobion. “It aligned with the concept of Earth Trusteeship, where natural resources are not merely commodities but entities to be protected and preserved. That article was the spark that got me interested in New Zealand’s legal system, its indigenous practices, and ultimately, in undertaking my PhD here.”
Dr Sobion’s work on Earth Trusteeship gained momentum as he immersed himself in Aotearoa’s unique legal and cultural landscape, which often emphasises environmental guardianship, or kaitiakitanga, as a core principle. His research weaves this concept with international environmental governance, arguing that if nations were to adopt a trusteeship model, they would be legally bound to act in the best interests of the planet and future generations.
Earth Trusteeship
At the heart of Dr Sobion’s thesis is the idea that states must see themselves as stewards of the planet. “To be a trustee means that you give up some authority because you are acting on behalf of someone else,” he explains. “That is a challenge in today’s world, where many nations prioritise their own economic or political interests. But it is also necessary if we want to address environmental crises at a global level.”
In the context of Climate Justice, Earth Trusteeship could provide a powerful framework for holding states accountable for their actions—or lack thereof—when it comes to combating climate change. Many small island nations, including those in the Caribbean, face disproportionate risks from climate change, such as rising sea levels, extreme weather events, and biodiversity loss. Yet, they contribute minimally to global emissions.
The ICJ case offers these nations a rare opportunity to push for stronger international climate action and secure a legal framework that compels larger, more polluting countries to take responsibility for the damage caused. As he coordinates the Caribbean’s submissions, he is keenly aware of the stakes.
“The ICJ’s ruling could reshape the way international law deals with climate issues,” Dr Sobion notes. “A favourable outcome could provide vulnerable nations with more leverage in climate negotiations and, importantly, a stronger legal basis for claiming compensation for the losses they are already experiencing due to climate change.”
A Scholarly Marathon Comes to an End
Completing his PhD has been a significant milestone for Dr Sobion, who has spent countless hours working on his thesis since he began in 2019. He describes the experience as a “scholarly marathon,” filled with moments of self-doubt, long hours of research, and the challenge of balancing his academic pursuits with family life. “I often felt bad for my wife,” he admits, “because I had to spend so much time on my thesis.”
As Dr Sobion celebrates the culmination of his academic journey, he is not just looking back but also ahead. His involvement in the ICJ case is just one step in a broader career dedicated to advancing Climate Justice and shaping the future of international environmental law.
For Dr Sobion, the fight for Climate Justice is deeply personal. “We are not just advocating for abstract principles,” he said. “We are fighting for the future of our planet and for the people, especially in vulnerable regions, who are already feeling the devastating effects of climate change. It is a responsibility that I do not take lightly.”
Praneeta Mahajan is an Indian Newslink reporter based in Hamilton.
