Top UN experts urge States to integrate human rights values in current climate change negotiations

Links to the declaration in English and Spanish, see below
Enlaces a la declaración en inglés y español, vea abajo

Top UN experts urge States to integrate human rights values in current climate change negotiations

GENEVA (9 December 2014) – The largest body of independent experts in the United Nations Human Rights system today urged* all Governments around the world to integrate human rights standards and principles in the current negotiations taking place at the Lima Climate Change Conference, from 1 to 12 December 2014, and in the agreement to be adopted in Paris in 2015.

In a joint statement* issued today in Geneva ahead of Human Rights Day (10 December 2014), the group of 76 human rights experts urged the UN member States to ensure that the principle of climate justice is at the core of climate change governance.

“Climate change is one of the greatest challenges of our generation, with consequences that transform life on earth and adversely impact the livelihood of many,” said François Crépeau, who currently heads the Coordination Committee of international experts appointed by the UN Human Rights Council.

“Human rights must be pivotal in the ongoing negotiations and must be firmly anchored in a new agreement. Any response to climate change must protect, respect, promote and fulfil human rights obligations,” Mr. Crépeau noted.

In their statement, the independent experts stressed that understanding and addressing the human consequences of climate change fundamental and therefore, climate change cannot be effectively addressed without protecting human rights.

“Climate change has a disproportionate effect on many disadvantaged, marginalized and vulnerable individuals and groups, whose ways of life are inextricably linked to the environment,” Mr. Crépeau said

“The human rights framework focuses our attention on the rights of the most vulnerable and marginalized individuals and groups, thus requiring that adaptation policies and measures be developed on the basis of the principles of equality and non-discrimination,” he stressed.

The experts noted that climate justice sees the effect and causes of climate change in relation to the concept of justice, namely, whether the rights of the most marginalized and vulnerable populations are taken into account when implementing response measures and whether such measures are fair, equitable and transparent.

The experts’ call follows an Open Letter sent in October to the State Parties to the UN Framework Convention on Climate Change, on the occasion of the Bonn meeting of the Ad Hoc Working Group on the Durban Platform for Enhanced Action.

“We renew our call on the State Parties to include language in the 2015 climate agreement that provides that the Parties shall, in all climate change related actions, respect, protect, promote and fulfil human rights for all,” the independent experts concluded.

(*) Read the full statement by the UN Special Procedures Mandate Holders:
In English: http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=15393&LangID=E
In Spanish: http://www.ohchr.org/SP/NewsEvents/Pages/DisplayNews.aspx?NewsID=15393&LangID=S

ENDS

The Coordination Committee is a body of six independent experts which coordinates and facilitates the work of special procedures as a whole. It is currently composed of Mr. François Crépeau (Chairperson), Mr. Michael Addo, Ms. Mireille Fanon Mendes-France, Ms. Marie-Thérèse Keita Bocoum, Ms. Yanghee Lee and Mr. Chaloka Beyani (ex-officio). Learn more: http://www.ohchr.org/EN/HRBodies/SP/Pages/CoordinationCommittee.aspx

“Special procedures” is the general name of the independent fact-finding and monitoring mechanisms of the Human Rights Council that address either specific country situations or thematic issues in all parts of the world. Currently, there are 39 thematic mandates and 14 mandates related to countries and territories, with 76 mandate holders. The Office of the High Commissioner for Human Rights provides these mechanisms with support for the fulfilment of their mandates.

Special Procedures: http://www.ohchr.org/EN/HRBodies/SP/Pages/Welcomepage.aspx
Country mandates: http://www.ohchr.org/EN/HRBodies/SP/Pages/Countries.aspx
Thematic mandates: http://www.ohchr.org/EN/HRBodies/SP/Pages/Themes.aspx

Read the open letter signed by 28 UN human rights experts:http://www.ohchr.org/Documents/HRBodies/SP/SP_To_UNFCCC.pdf

For enquiries and media requests, please contact Melinda Ching Simon (+41 22 917 9113mchingsimon@ohchr.org) or write to ieenvironment@ohchr.org

For media inquiries related to other UN independent experts:
Xabier Celaya, UN Human Rights – Media Unit (+ 41 22 917 9383 / xcelaya@ohchr.org)

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© 2014

Ebola and Climate Change: ‘We Are Running Out of Time,’ says World Bank President

Not acting on climate change could have the same results as the inaction on Ebola with significant human and economic impact, warned World Bank Group president Jim Yong Kim in a speech Friday to the International Monetary Fund/World Bank Group annual meeting. He said that addressing both would further the World Bank’s goal of ending extreme poverty by 2030.

Jim Yong Kim President World Bank

“In a world where natural disasters, conflict, financial shocks and epidemics are becoming more frequent and destructive, we at the World Bank Group must do everything we can to become even more relevant,” he said. “Indeed, we’ve been fully engaged lately in fighting two of these global threats: the Ebola epidemic and climate change.”

“Ebola and climate change have a few things in common,” he said. “Most importantly, we are running out of time to find solutions to both. Also, until very recently, the plans to fight them were either nonexistent or inadequate. And inaction is literally killing people–one because of the rapid spread of a deadly virus, the other from the poisoning of the atmosphere and the oceans. And finally, perhaps most critically from our point of view, resolving these problems is essential to development, whether from the perspective of human suffering, economic growth or public health.”

Kim, an infectious disease physician, called the initial global response to Ebola “inadequate and slow” but said “Once engaged, we’ve moved with creativity, speed and purpose.” He said that the World Bank’s world on climate change over the last two years provided a blueprint for its response to Ebola.

“Soon after I started at the World Bank [July 2012], I asked my team a simple question: What’s the plan to fight climate change?” he said. “The responses received from our staff and even from leaders in the climate change community were mostly tactical: new technologies here, some efficiencies there. While important, they were not equal to the challenge of keeping a global increase in temperature below 2 degrees Celsius. So, working with others, we developed our own strategy that we hoped could take us a long way toward achieving this objective.”

That five-part plan including carbon pricing, eliminating fossil fuel subsidies, building cleaner cities, encouraging climate-friendly agriculture, and investing in renewable energy sources. He described in detail the World Bank’s campaign on carbon pricing: building a coalition of cooperating governments and businesses.

“At the start of the campaign, we counted 22 countries that would support this goal,” said Kim. “With lobbying, the number kept climbing. Less than a week before the deadline, China, the world’s largest emitter of carbon dioxide, agreed to support carbon pricing. It became the 54th country to endorse the statement. In the four days before the [UN Climate] summit, 20 more countries signed on. At the time of the announcement, 74 governments and more than 1,000 companies and investors had agreed to put a price on carbon. Together, the countries account for up to 54 percent of the world’s carbon emissions, 52 percent of the world’s GDP and nearly 50 percent of the world’s population.”

“Later today, ministers, CEOs and the World Bank Climate Group will join me to turn this pledge into action,” he said.

“We must maintain this commitment because increasing global fragility and volatility will challenge us more and more every day,” he concluded. “In our march to end extreme poverty, conflict, typhoons, floods, droughts, financial shocks and epidemics may at times slow us. But they will not stop us. The Bank will be aggressive and creative and apply large-scale solutions to help states manage, prepare for, recover from and conquer these risks, so they can grow and flourish.” More

 

© 2014

Archbishop Desmond Tutu on Climate Change

Archbishop Desmond Tutu on Climate Change

© 2014

This is Climate Change: This is Reality

IPlil Plait has been saying for a long time that to communicate science effectively, we need to connect with people. Scientists have a habit of just relaying facts to each other, since that’s how nature itself works. But people don’t work that way at all, and just reciting facts doesn’t work.

If we want to connect with people, especially over the sound and fury of the anti-science noise machine, we need to be passionate. We need to be emotional. And we need to tell the human story.

That’s exactly what it looks like Showtime is doing with its new big-budget eight-part series Years of Living Dangerously, which will show the impact of climate change on our planet. It looks phenomenal, gorgeously shot, and features journalists and celebrities who travel the world to investigate what we’re doing to our planet. Among the people in it are Jessica Alba, Harrison Ford, Arnold Schwarzenegger, Lesley Stahl, and Thomas L. Friedman.

This isn’t a fluff piece, from what I can tell: Their science adviser team includes scientists Michael Mann, Katharine Hayhoe, James Hansen, and Joe Romm, among other top-flight climatologists.*

They’ve also set up a really nice website with more information, including links to the stories they cover and the science of climate change. The trailer looks great, and there’s also a version of it on YouTube: More

 

© 2014

A Man Leaves His Island

Recently a news story about a man seeking asylum in New Zealand as a climate change refugee made headlines all over the world.

His original appeal to the Immigration and Protection Tribunal of New Zealand was dismissed in June 2013 because, according to the tribunal, he is not a considered a refugee under the terms laid out in the international Convention and Protocol Relating to the Status of Refugees. He is now asking the New Zealand High Court to let him appeal this case.

Mangroves planted on Kiribati to prevent erosion.

“There’s no future for us when we go back to Kiribati,” Ioane Teitiota told the appeal tribunal, adding that a return to his tiny Pacific atoll would pose a risk to his children’s health, according to Reuters.

The relationship between climate change and migration is complicated. And pointing to climate change as the main factor affecting the living conditions on small island states is difficult.

People such as inhabitants on small island states, in many cases find themselves caught between wrongs of the past and the future consequences of these wrongs, explains Ilan Kelman, Reader in Risk, Resilience and Global Health at University College London.

Kelman points out that many island states are still struggling with the effects of colonialism, post-colonialism, modernism, forced relocation efforts and misguided aid, as well as the consequences of greenhouse gas emissions, mainly from the rich countries of the world.

His story

No matter how the New Zealand High Court concludes on Mr. Teitiotas’ appeal, his story is also a story about the nation of Kiribati, as an icon for other islands regarding the challenges they face concerning overpopulation, resource management, poverty, sea level rise and climate change.

The following text is adapted from the official decision from the Immigration and Protection Tribunal of New Zealand.

Ioane Teitiota was born in the 1970s on an islet situated three days journey by boat, or two hours by plane, north of Tarawa, the main island and capital of Kiribati.

As is common in the Kiribati island group, his home island is a low-lying atoll with houses built on coral debris which has accreted over time. When in his early teens, he was sent to school on a nearby island.

Republic of Kiribati

In 2002, Teitiota married his wife and moved in with her family in another village situated on Tarawa. He lived there with his wife’s family in a traditionally constructed dwelling which had been built on coral, which had accreted on a sea wall built some years previously. The dwelling was situated on ground level and had electricity. Water was obtained from a well and from supplies provided by the Government. There were no sewerage facilities.

Over time, the villages on Tarawa in which Teitiota resided became overcrowded. People travelled to Tarawa from outlying islands because this was where most government services such as the main hospital were located. Land was purchased from existing landholders or acquired through kinship ties to Tarawa.

As the villages became overcrowded, tensions were generated and there were often physical fights in which people were injured, and on occasion, killed. When this happened, the police intervened, taking the injured to the hospital and arresting those responsible.

Life generally became progressively more insecure on Tarawa as a result of sea level rise. From the late 1990s onwards, Tarawa suffered significant amounts of coastal erosion during high tides. Also the land surface was regularly flooded and land could be submerged up to knee-deep during king tides. Transportation was affected as the main causeway separating north and south Tarawa was often flooded.

This caused significant hardship for Teitiota, his wife and family as well as other inhabitants on Tarawa. The wells upon which they depended for water became salty. Salt water was deposited onto the ground destroying crops. Crops were difficult to grow and the land was stripped of vegetation in many places.

The Government’s supplies of water are coming under pressure through overpopulation and because people can increasingly no longer rely on well water for an alternative source. The sea wall in front of the Teitiota’s parents-in-law’s house was often damaged and required constant repair. The family existed largely by subsistence fishing and agriculture. One of the appellant’s brothers-in-law works at a local government port agency and provides cash income for the whole family as best as he is able. However, life is generally becoming more difficult. More

 

A Fierce Green Fire - Trailer

Spanning 50 years of grassroots and global activism, this Sundance documentary brings to light the vital stories of the environmental movement where people fought -- and succeeded -- against enormous odds. From halting dams in the Grand Canyon to fighting toxic waste at Love Canal; from Greenpeace to Chico Mendes; from climate change to the promise of transforming our civilization, A Fierce Green Fire is "nothing less than the history of environmentalism itself." (Los Angeles Times)

From the Academy Award-nominated director of "Berkeley in the Sixties", and narrated by Robert Redford, Meryl Streep, Ashley Judd, Van Jones and Isabel Allende.

[Human Rights] in the CDM

After this weekend’s CDM reform workshop, ECO has new hope for the CDM’s ability to address human rights.

For the first time in the history of the CDM, Parties had an open dialogue about the impacts of CDM on human rights. It is important to recall that Parties agreed to “fully respect human rights in all climate change related actions.” The review of the CDM Modalities and Procedures provides a critical opportunity for the CDM to make this a reality.

CAN's Leadership Development Program

A case in point…The Barro Blanco project is a hydroelectric dam that is currently under construction on the Tabasará River in western Panama. Once completed, the dam is projected to flood homes, schools, and religious, historical and cultural sites in Ngäbe indigenous territories, threatening the Ngäbe’s cultural heritage. In addition, the dam will transform the Tabasará River – critical to the Ngäbe’s physical, cultural, and economic survival – from a flowing river to a stagnant lake ecosystem. This will severely affect the Ngäbe’s lands and means of subsistence, and result in the forced relocation of many families.

CDM rules require investors to consult with local stakeholders and to take their comments into account during the registration process. However, the company did not consult the Ngäbe communities regarding the Barro Blanco project and its impacts. In February 2011, the Ngäbe, in collaboration with civil society groups, submitted comments to the CDM Executive Board. The comments documented the Ngäbe’s concerns, in particular the fact that the Ngäbe were not given notice of the consultation process and were never consulted. Despite concrete evidence that the Barro Blanco project violated CDM rules on stakeholder consultation, in 2011, the CDM Executive Board registered the Barro Blanco as a CDM project.

Now that Barro Blanco has been registered, there is no process that allows the Ngäbe to raise their concerns regarding the project’s social and environmental impacts. Over the past two years, the SBI has been negotiating an appeals procedure that would allow stakeholders to challenge registration decisions under the CDM. However, ECO is dismayed that, as discussions currently stand, this procedure would not provide a means of recourse for affected communities once a project is under construction or operational.

More than 6,500 projects are registered under the CDM, and these projects will be operational for many years to come. ECO calls on Parties to revise the CDM Modalities and Procedures to: establish international safeguards to protect human rights; strengthen requirements on how to conduct local stakeholder consultations; establish a grievance process that allows affected peoples and communities to raise concerns about harms associated with CDM projects; and develop a process to deregister projects where there are violations of CDM rules.

To learn more, join us at a side event on CDM and human rights TODAY at 6:30 pm in Room Solar. You will meet on Monday at 6:30 pm, wWeni Bakama, a Ngäbe activist, and other panelists who will discuss how we can integrate human rights protections in the CDM. More

Today, we are writing to ask you to sign an ACTION ALERT in support of the Barro Blanco campaign and our broader CDM advocacy efforts. We launched this petition two weeks ago, asking James Anaya, UN Special Rapporteur on the Rights of Indigenous Peoples, to recommend reforms to protect communities that are adversely affected by CDM projects, such as Barro Blanco. In astatement released at the end of his recent visit to Panama, Special Rapporteur Anaya described his visit to the Ngäbe communities and highlighted the Barro Blanco project as an example of the many large-scale development projects that threaten the rights of indigenous peoples in Panama. In the coming months, Mr. Anaya will be preparing his final report, which provides an opportunity for the Special Rapporteur to document the ways in which the existing CDM rules are inadequate to protect the rights of indigenous peoples.

PLEASE TAKE ACTION by signing this alert to urge Special Rapporteur Anaya to make recommendations to the CDM and the Panamanian government, calling for both to respect human rights for development projects that generate social and environmental impacts, with particular attention to indigenous rights. Also, please share with your lists and promote via Facebook/Twitter. Our goal is to reach 1000 signatories by the end of the week.

July 19, 2013

We need your help. Will you add your name and support to a letter asking James Anaya, UN Special Rapporteur on the Rights of Indigenous Peoples, to recommend reforms to protect indigenous communities in Panama? Yesterday, Mr. Anaya began his ten-day visit to Panama. At the request of CIEL and adozen other organizations, Mr. Anaya will meet with community representatives in the Ngäbe-Buglé territory in Panama who are directly affected by the Barro Blanco hydroelectric dam. He will hear firsthand about how the Panamanian state has violated the rights of affected indigenous communities to free, prior and informed consent on a project which threatens to violate their right to traditional land and territories. When completed, the dam would flood historic and religious Ngäbe-Buglé sites and compromise the ecosystem upon which their traditional diet depends. The Barro Blanco dam is registered under the Clean Development Mechanism (CDM), a carbon-market mechanism of the UN convention on climate change. The CDM allows developed countries to claim emission reductions by paying for mitigation efforts – in this case a hydroelectric dam – in developing countries. Unfortunately, the CDM has no standards for human or indigenous rights, nor does it have a way for communities that are negatively affected by CDM projects to even register complaints. Following Mr. Anaya’s Panama trip, he will present a report on his findings of concerns related to indigenous peoples in Panama, including the human rights violations against the indigenous people affected by Barro Blanco. As Special Rapporteur and as part of his mandate, Mr. Anaya is in a unique position to give advice and recommendations to the CDM as well as other UN-related mechanisms that affect the rights of indigenous peoples.His recommendations could help to halt and prevent human rights violations

Drastic Reductions In CO2 Output Critical For Survival

Heat-Trapping Gas Passes Milestone, Raising Fears

Research facility at Mauna Loa

The level of the most important heat-trapping gas in the atmosphere, carbon dioxide, has passed a long-feared milestone, scientists reported Friday, reaching a concentration not seen on the earth for millions of years.

Scientific instruments showed that the gas had reached an average daily level above 400 parts per million — just an odometer moment in one sense, but also a sobering reminder that decades of efforts to bring human-produced emissions under control are faltering.

The best available evidence suggests the amount of the gas in the air has not been this high for at least three million years, before humans evolved, and scientists believe the rise portends large changes in the climate and the level of the sea.

“It feels like the inevitable march toward disaster,” said Maureen E. Raymo, a scientist at the Lamont-Doherty Earth Observatory, a unit of Columbia University.

“It symbolizes that so far we have failed miserably in tackling this problem,” said Pieter P. Tans, who runs the monitoring program at the National Oceanic and Atmospheric Administration that reported the new reading.

Ralph Keeling, who runs another monitoring program at the Scripps Institution of Oceanography in San Diego, said a continuing rise could be catastrophic. “It means we are quickly losing the possibility of keeping the climate below what people thought were possibly tolerable thresholds,” he said.

Virtually every automobile ride, every plane trip and, in most places, every flip of a light switch adds carbon dioxide to the air, and relatively little money is being spent to find and deploy alternative technologies.

China is now the largest emitter, but Americans have been consuming fossil fuels extensively for far longer, and experts say the United States is more responsible than any other nation for the high level.

The new measurement came from analyzers atop Mauna Loa, the volcano on the big island of Hawaii that has long been ground zero for monitoring the worldwide trend on carbon dioxide, or CO2. Devices there sample clean, crisp air that has blown thousands of miles across the Pacific Ocean, producing a record of rising carbon dioxide levels that has been closely tracked for half a century.

Carbon dioxide above 400 parts per million was first seen in the Arctic last year, and had also spiked above that level in hourly readings at Mauna Loa.

But the average reading for an entire day surpassed that level at Mauna Loa for the first time in the 24 hours that ended at 8 p.m. Eastern Daylight Time on Thursday. The two monitoring programs use slightly different protocols; NOAA reported an average for the period of 400.03 parts per million, while Scripps reported 400.08.

Carbon dioxide rises and falls on a seasonal cycle, and the level will dip below 400 this summer as leaf growth in the Northern Hemisphere pulls about 10 billion tons of carbon out of the air. But experts say that will be a brief reprieve — the moment is approaching when no measurement of the ambient air anywhere on earth, in any season, will produce a reading below 400.

“It feels like the inevitable march toward disaster,” said Maureen E. Raymo, a scientist at the Lamont-Doherty Earth Observatory, a unit of Columbia University.

From studying air bubbles trapped in Antarctic ice, scientists know that going back 800,000 years, the carbon dioxide level oscillated in a tight band, from about 180 parts per million in the depths of ice ages to about 280 during the warm periods between. The evidence shows that global temperatures and CO₂ levels are tightly linked.

For the entire period of human civilization, roughly 8,000 years, the carbon dioxide level was relatively stable near that upper bound. But the burning of fossil fuels has caused a 41 percent increase in the heat-trapping gas since the Industrial Revolution, a mere geological instant, and scientists say the climate is beginning to react, though they expect far larger changes in the future.

Indirect measurements suggest that the last time the carbon dioxide level was this high was at least three million years ago, during an epoch called the Pliocene. Geological research shows that the climate then was far warmer than today, the world’s ice caps were smaller, and the sea level might have been as much as 60 or 80 feet higher.

Experts fear that humanity may be precipitating a return to such conditions — except this time, billions of people are in harm’s way.

“It takes a long time to melt ice, but we’re doing it,” Dr. Keeling said. “It’s scary.”

Dr. Keeling’s father, Charles David Keeling, began carbon dioxide measurements on Mauna Loa and at other locations in the late 1950s. The elder Dr. Keeling found a level in the air then of about 315 parts per million — meaning that if a person had filled a million quart jars with air, about 315 quart jars of carbon dioxide would have been mixed in.

His analysis revealed a relentless, long-term increase superimposed on the seasonal cycle, a trend that was dubbed the Keeling Curve.

Countries have adopted an official target to limit the damage from global warming, with 450 parts per million seen as the maximum level compatible with that goal. “Unless things slow down, we’ll probably get there in well under 25 years,” Ralph Keeling said. More

 

Editorial

If we want to continue life in some semblance to what we have become accustomed there needs to be a drastic global reduction in carbon output into the atmosphere. If we care about the lives of our children and grand children we need to speak out now. Our governments spend an obscene amount of money on the military driven by the lobbying of the defence industry which needs to be spent on reducing greenhouse gas output.

You the people must speak out. Demand action from your governments. Demonstrate. Take to the streets.

Summarizing some key details from the Stockholm International Peace Research Institute (SIPRI)’s recent trends summary:

• World military expenditure in 2010 is estimated to have reached $1.63 trillion at 2010 prices;
• This represents a 1.3 per cent increase in real terms over 2008 and a 50 per cent increase since 2001;
• This corresponds to 2.6 per cent of world gross domestic product (GDP), or approximately $236 for each person in the world;

The USA with its massive spending budget, is the principal determinant of the current world trend, and its military expenditure now accounts for just under half of the world total, at 41% of the world total;

Of all the enemies to public liberty war is, perhaps, the most to be dreaded because it comprises and develops the germ of every other. War is the parent of armies; from these proceed debts and taxes … known instruments for bringing the many under the domination of the few.… No nation could preserve its freedom in the midst of continual warfare.

— James Madison, Political Observations, 1795

More

 

Dutch government may face legal action over climate change

The Dutch government is facing the threat of legal action if it fails to take swift action on climate change.

The move, which is thought to be the first time that European human rights legislation has been used to take a government to court over climate change failures, is intended to put the spotlight on what campaigners say is a lack of action and force them to prioritise cuts in greenhouse gas emissions.

Urgenda, the pressure group behind the move, sent a letter to ministers calling on them to announce new initiatives on cutting emissions. Without that, the group said it would proceed to the courts.

The government of the Netherlands has not yet responded.

The Dutch campaigners believe similar laws could be used in other countries to force the hand of governments. Marjan Minnesma, of Urgenda, and one of the leaders of the action, said: "We definitely want to give a strong example to other countries. We believe we can take this to the courts and we would like organisations in other countries to look at what we are doing and consider it for themselves."

Their campaign is supported by the Nasa climate scientist Prof James Hansen. "In the climate and energy debate we need more pressure and involvement from the public, willing to defend our rights and those of our children and grandchildren using all the means of our laws to achieve justice," he said.

Wednesday's move came as governments prepared to meet for the next round of United Nations negotiations on climate change, to start at the end of this month in Doha, Qatar. This year marks the end of the first commitment period of the Kyoto protocol, and some governments – including the EU and Australia, but not the US, Japan or Canada – are expected to sign up to a continuation to 2020, with fresh commitments to cut emissions. More

 

Tian Huang: Climate Victims Deserve a Hearing, Whether Here or in The Hague

Last week, leaders of the 193 members of the United Nations General Assembly descended upon New York to open that body's sixty-seventh session. Among the pressing questions facing the body is the adequacy of the international community's current approach to the problem of climate change. The leaders also held a high-level meeting on the rule of law at the national and international levels.

The two agenda items could not be more in sync: All over the world, climate change is creating victims who lack protection of the rule of law. For instance, island nations such as Cape Verde, Grenada, the Marshall Islands, and Palau are seeing their lands increasingly affected by rising sea levels, intensifying storms, and other threats that owe their genesis to greenhouse gas emissions. In the United States, we also are seeing the devastating effects of anthropogenic climate change, most pointedly in the Alaskan village of Kivalina.

The city of Kivalina and its native village reside on the tip of a six-mile barrier reef. With a decline of protective sea ice and a rise of storms and surges, Kivalina's land is being swallowed up - -so much so that the U.S. Government Accountability Office has warned that the village could be flooded at any time and that "[r]emaining on the island... is no longer a viable option for the community."

To fight back, Kivalina filed suit against 19 major energy companies, claiming that they, as major contributors to global warming, should help defray the costs of relocating the city.

Shortly before the U.N. session opened, a U.S. appeals court ruled that, as far as the federal government is concerned, climate change is a political problem to be addressed by the legislative and executive branches. Basic legal principles of right and responsibility, in other words, have no bearing and if the residents of Kivalina want compensation for their harms, they will have to duke it out with their opponents in Congress.

Whether in this or a subsequent U.N. session, a parallel campaign to Kivalina's will be brought to the General Assembly and the question will be raised, will the international community follow the U.S. court's lead by throwing the climate change problem to the dustbin of politics?

Last year, several small island states called on the U.N. General Assembly to request an advisory opinion from the International Court of Justice on the responsibilities of nations whose emissions of greenhouse gases within their jurisdictions contribute to serious harms in other countries. Sensing that endless political negotiations have resulted in little progress internationally, the islands sought to show that the climate change problem is one of law and justice, rather than merely politics and power. More