AOSIS v The World: A Blueprint for the First International Multi-Party Climate Change Case

Abstract

This article is innovative in providing a Blueprint for bringing the first international multi-party climate change case. The Blueprint allows for AOSIS member states to bring a number of group claims against a Respondent Pool made up of the world’s leading greenhouse gas emitters, before a variety of international bodies, on a variety of legal bases. International litigation presents substantial jurisdictional barriers, not least in regard to climate change litigation. It is these barriers that necessitate the group litigation strategy advocated for here. Specifically, the article envisages proceedings before the ICJ, ITLOS, and UNCLOS arbitral tribunals. The legal bases that the Blueprint requires are inventoried, however the focus is on the jurisdictional issues of the bodies. The practicalities involved in AOSIS bringing group cases before each body are explored and solutions for overcoming the jurisdictional barriers of each are offered. Ultimately, the article shows that the jurisdictional barriers are far from insurmountable, with the Blueprint allowing for all AOSIS member states to be involved in proceedings, before at least one body, against at least forty-eight respondents, including the US, China, and the EU.