Lavetanalagi Seru
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lavetanalagi.bsky.social
Lavetanalagi Seru
@lavetanalagi.bsky.social
🌱 🌊 🌏 committed to building the #WorldWeWant. ✊🏽
Reposted by Lavetanalagi Seru
30/ 🇫🇯 Fiji demands that Court stresses need for:
🚫 cessation of harmful actions (dismantling systemic structures)
💰 enforceable reparations (for both eco & non eco losses & proportionate to the harm caused)
🗣️ And asks: Where else can Fiji turn to seek justice, if not this court?
December 4, 2024 at 6:22 PM
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29/ 🇫🇯Fiji's Graham Leung then speaks to linkages between human rights obligations & climate harms, using the opportunity to clarify the actual content of 🇪🇺 ⚖️ European Court of #HumanRights decision in Duarte Agostinho (which has been misquoted several times by European States)
December 4, 2024 at 6:21 PM
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28/ 🇫🇯 Fiji's Graham Leung stresses direct relevance & applicability in climate context of 2 core principles of international law:
⛑️ duty to prevent trans boundary harm
🆓 right to self determination
noting the explicit references to these principles across legal frameworks
December 4, 2024 at 6:21 PM
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27/ 🇫🇯Fiji's Graham Leung cites the recent Advisory Opinion issued by the ⚖️ 🌊 International Tribunal on the Law of the Sea
concerning the fact that the #ParisAgreement does not displace existing international legal obligations.
🔖 🔗 www.itlos.org/en/main/case...
December 4, 2024 at 6:20 PM
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26/ 🇫🇯Fiji's AG Graham Leung concludes the day laying out key legal principles (such as sovereign equality, good faith, the duty to cooperate and the right to self determination) informing the scope of States' existing legal obligations to prevent environmental harm.
December 4, 2024 at 6:19 PM
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25/ 🇫🇯Fiji's Luke Daunivalu stresses that, while multilateral negotiations settle on the lowest common denominator, the ⚖️ 🇺🇳 Court is uniquely positioned to address the gaps in the multilateral system regarding climate, thereby providing accountability & hope to those most impacted.
December 4, 2024 at 6:18 PM
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24/🇫🇯 Fiji's Luke Daunivalu describes constant state of recovery that Small Islands find themselves in as a result of cascading climate shocks undermining development & forcing displacement - stressing failure by developed countries to deliver on their climate finance commitments.
December 4, 2024 at 6:18 PM
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23/ 🤯 perhaps most striking: the US legal arguments positing the centrality of the UNFCCC & the #ParisAgreement & its nature as a self-contained regime basically prepare ground for next US administration to reject any accountability once/if it has withdrawn from these frameworks
December 4, 2024 at 6:16 PM
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18/🇺🇸USA tackles one principle after another, working to either dismiss their legal nature or undermine their scope: CBDR, historic responsibility, right to a healthy environment, extraterritorial obligation, obligation of result...
The US acts as a bull in a China shop.
December 4, 2024 at 4:06 PM