{"id":10740,"date":"2025-02-13T13:06:21","date_gmt":"2025-02-13T10:06:21","guid":{"rendered":"https:\/\/www.cfwt.sua.ac.tz\/ecosystems\/?p=10740"},"modified":"2025-02-13T13:06:21","modified_gmt":"2025-02-13T10:06:21","slug":"global-south-narratives-in-itlos-climate-advisory-proceedings","status":"publish","type":"post","link":"https:\/\/www.cfwt.sua.ac.tz\/ecosystems\/news\/global-south-narratives-in-itlos-climate-advisory-proceedings","title":{"rendered":"Global South Narratives in ITLOS Climate Advisory Proceedings"},"content":{"rendered":"

[<\/em>Paula Wojcikiewicz Almeida\u00a0<\/em><\/strong>holds a PhD\u00a0<\/em>summa cum laude\u202fin International and European Law at the Universit\u00e9 Paris 1 Panth\u00e9on-Sorbonne. She is a Professor of International Law at FGV Rio Law and Director of FGV Rio Law\u2019s Centre for Global Law and the Jean Monnet Centre of Excellence on EU-LA Global Challenges.<\/em><\/p>\n

Valentine Tissot Pinheiro\u00a0<\/em><\/strong>holds an LL.M. in Public International Law from the University of Amsterdam and an LL.B from the Federal University of Rio Grande do Sul. She is a Researcher at FGV Rio Law\u2019s Centre for Global Law.<\/em><\/p>\n

Vitor Furtado de Melo\u00a0<\/em><\/strong>holds a Master\u2019s in Political Science and an LL.B from the Federal University of the State of Rio de Janeiro. He is a Master\u2019s Degree candidate in Social Anthropology from the National Museum\/Federal University of Rio de Janeiro and a Researcher at FGV Rio Law\u2019s Centre for Global Law.]<\/em><\/p>\n

The\u00a0recent re-edition<\/a>\u00a0of Guy de Lacharri\u00e8re\u2019s book of 1980\u00a0La politique juridique ext\u00e9rieure<\/em>, with the foreword by Fran\u00e7ois Alabrune, Ambassador of France to the Netherlands, highlights the growing interest in understanding the role and influence of law in international relations and timeless relevance of investigating how states use international law to advance political interests on pressing global issues. Examining this intersection between legal and political dynamics is particularly challenging and requires mixed methodologies. Here, the\u00a0study of narratives<\/a>\u00a0surfaces as a tool to uncover these compelling stories \u2013 charged with political and strategic interests \u2013 behind the legal argumentation to influence the outcome of a case.<\/p>\n

Devising Multiple Storylines: States Increased Participation in ICTs<\/strong><\/p>\n

Subject matters concerning community interests have been increasingly brought before international courts and tribunals in contentious cases (Ukraine v. Russian Federation<\/a>;\u00a0Gambia v. Myanmar<\/a>;\u00a0South Africa v. Israel<\/a>) and advisory proceedings (Legal Consequences<\/a>,\u00a0Climate Change<\/a>,\u00a0Right to Strike<\/a>), resulting in a growing demand for participation by third states and non-state actors. This indicates that the international community is turning its eyes to ICTs to find a\u00a0compromise between States\u2019 bilateral goals and community interests\u2019 aspirations<\/a>.<\/p>\n

Given the boost in participation and its influential power, an assessment of the narratives presented to ICTs remains of the utmost importance. This evaluation may be conducted by developing a consistent methodology that explores the process by which a story is told. As jurists often employ\u00a0narratives to describe the meaning of the law<\/a>, investigating political factors that might have shaped legal discourses can enhance the study of narratives.<\/p>\n

Articulating Political and Legal Discourses: a Case Study on the Narratives by Global<\/a> South States before the ITLOS\u00a0<\/strong><\/p>\n

On 21 May 2024,\u00a0ITLOS<\/a>\u00a0was the first international judicial body to deliver a\u00a0climate-related advisory opinion<\/a>. The significant number of participants in these proceedings highlights the growing interest among various actors aiming to influence the Tribunal\u2019s legal interpretation while expressing their views on climate change<\/a>. A total of 34 States (18 from the Global South: Brazil, China; Congo, Indonesia, Egypt, Chile, Bangladesh, Nauru; Belize, Guatemala, Sierra Leone, Micronesia, Djibouti, Rwanda, Vietnam, India, Mozambique, and Mauritius), 9 International Organizations, and 10 Non-State Actors submitted\u00a0written statements<\/a>. Assessing how a story is told by a particular group of states may unveil the process of deliberately creating narratives \u2018to persuade audiences with a particular reading of international law<\/a>\u2019. For Global South states, their\u00a0history and the roots of climate change<\/a>\u00a0intersect as they can be viewed as products of the political process of colonialization and economic development through capitalist expansion. The term\u00a0\u2018colonially-driven environmental change\u2019<\/a>\u00a0illustrates that the legacy of colonialism is tied to the emergence of the term \u2018Global South\u2019 and is closely linked to climate change\u2019s differentiated impacts.<\/p>\n

Through their submissions, Global South demonstrated an overreaching approach to the climate<\/a> issue and its intersection with the law of the sea. This revealed nuances in their narratives, which uncovers different\u00a0political interests<\/a>\u00a0aiming to influence how interpretations should be made. To unfold Global South narratives, the \u2018categorical content analysis<\/a>\u2019 method contributes to the identification of similarities and differences. How legal arguments are chosen and the weight attributed to each of them underscore a particular storyline. Considering that\u00a0international law and international politics<\/a>\u00a0share the same theoretical space, it becomes relevant to examine the trajectory of positionalities within political forums such as the\u00a0COPs to the UNFCCC<\/a>\u00a0to effectively assess these states\u2019 narratives before the ITLOS.<\/p>\n

Through the articulation of political and legal discourses, two main narratives advanced by the Global South states can be perceived. This reflects the\u00a0growing South-South divide<\/a>\u00a0with its disparities in terms of development and vulnerabilities, notably concerning climate urgency.<\/p>\n

Narratives Uncovering Developmental Interests\u00a0<\/strong><\/p>\n

When states engage in advisory proceedings, they articulate narratives by framing the issue in a way that aligns with their interests. Multiple narratives are intricately shaped by underlying factors, which embody the dynamics that drive the storyline and can be seen as the\u00a0\u2018hidden cargo of the script\u2019<\/a>. Indeed, it is relevant to perceive what is the motivation behind and what influences the legal positions of States.<\/p>\n

The results of the categorical analysis showed that some countries emphasize the discussion on principles like CBDR-RC and duties of cooperation and assistance.\u00a0Brazil<\/a>,\u00a0Vietnam<\/a>,\u00a0Egypt<\/a>, and\u00a0India<\/a>\u00a0were the countries to highlight the most about the importance of differentiated responsibilities according to the level of development.\u00a0Brazil<\/a>,\u00a0India<\/a>,\u00a0Egypt<\/a>, and\u00a0Chile<\/a>\u00a0gave much space in their submissions to address the need for financial and technical support from developed countries to meet climate challenges while ensuring their development needs. This choice demonstrates a strategic approach to leveraging the existing legal framework focusing on the economic impact that measures to combat climate change<\/a> may have on their national economies.<\/p>\n

These\u00a0emerging economies\u2019<\/a>\u00a0significant contributions to climate change and their increased financial and technological capabilities set them apart from other Global South states. Some of them cited the CBDR-RC also at the COPs, focusing on a political agenda that encompasses demands for fairer economic relations and development opportunities<\/a>. Egypt (COPs 27<\/a>\u00a0and\u00a028<\/a>), China (COP 28<\/a>), and Brazil (COP 28<\/a>) directly referenced this principle as a key element of International Law. This shows that the narratives advanced at ICTs must be read in conjunction with international politics, as they may emerge from a broader context where political strategies are designed and are at stake. Law may be portrayed as a \u2018struggle between different political interests<\/a>\u2019.<\/p>\n

Narratives Uncovering Vulnerabilities<\/strong><\/p>\n

The power of narratives in international law as\u00a0counter-hegemonic storytelling<\/a>\u00a0is seen as a transformative tool through the proposition of other perspectives. Portraying\u00a0individual experiences related to the climate crisis<\/a>\u00a0serves as a means to expose certain geopolitical knowledge that confronts the idea of a unique framing of the issue. Several states have specifically outlined their vulnerabilities in the submissions as a form of composing a narrative behind the legal debate. This reflects that climate change generates\u00a0uneven existential threats<\/a>\u00a0in various regions, with Black individuals and vulnerable communities experiencing it more profoundly.<\/p>\n

The results of the categorical content analysis demonstrated that the most vulnerable states in the Global South have articulated their narratives around human rights concerns by reinforcing a direct impact<\/a> inflicted on the rights of their population. Despite the\u00a0singularity of distinct narratives<\/a>\u00a0shaped by subjective experiences,\u00a0Nauru<\/a>,\u00a0Micronesia<\/a>,\u00a0Mauritius<\/a>, and\u00a0Congo<\/a>\u00a0were mostly concerned with the human rights implications of climate change and argued for stronger protection under international law.<\/p>\n

The term \u2018climate apartheid<\/a>\u2019 has been used to underscore the differences in the causes and impacts of the climate urgency \u2013 where some can use economic power to escape while others are deemed to bear and suffer the consequences. The concept of \u00b4urgency\u2019 contains in itself a vocabulary of timeframe not equally perceived by all actors. Therefore, the rapid response is ultimately felt and required by the ones already suffering the most from the gravity of its consequences.\u00a0Micronesia<\/a>,\u00a0Congo<\/a>,\u00a0Egypt<\/a>,\u00a0Mauritius<\/a>, and\u00a0Rwanda<\/a>\u00a0focused their submissions on the issue of state responsibility, emphasizing the obligation to repair damage caused by climate change, even though it was not the scope of the Request. These countries remain one of the most vulnerable countries and tend to prioritize survival and rely on the responsibilities of those contributing mostly to the climate urgency.<\/p>\n

These states have also mobilized international<\/a> forums to advocate for more equitable and just climate governance. The discourses of Small Island States at the COPs express asymmetries inside the Global South and a stronger vulnerability that affects less developed countries<\/a>. For instance, Belize at COPs\u00a026<\/a>,\u00a027<\/a>, and\u00a028<\/a>\u00a0highlighted its status as a Small Island Developing State, which makes it particularly vulnerable to climate change due to its geographical and economic characteristics. This framing was also emphasised by Nauru and Mauritius at\u00a0COP 26<\/a>, and Micronesia at COPs\u00a027<\/a>\u00a0and\u00a028<\/a>.<\/p>\n

The connection between the positions adopted by these countries at the COPs and at the ITLOS advisory proceedings confirms how international law can provide a \u2018louder voice<\/a>\u2019 to small states. It is precisely through narratives that \u2018the perspective of the subaltern, of the colonized State, or to colonialized relationships<\/a>\u2019 may catch international law\u00b4s attention.<\/p>\n

Conclusion<\/strong><\/p>\n

An analysis of the role of international law impacting socioeconomic and political inequities must also consider the\u00a0growing disparities of interests and values among countries in the Global South<\/a>. Therefore, the analysis of the submissions to the ITLOS advisory proceedings suggests how the Global South\u2019s different interests were reflected in the states\u2019 narratives. Advancing narratives before ICTs to tell a particular story, charged with political context and interests, may ultimately affect the outcome of decisions. A deeper qualitative analysis could employ semi-structured interviews with lawyers and state representatives to better underline the strategies behind those narratives.<\/p>\n","protected":false},"excerpt":{"rendered":"

[Paula Wojcikiewicz Almeida\u00a0holds a PhD\u00a0summa cum laude\u202fin International and European Law at the Universit\u00e9 Paris 1 Panth\u00e9on-Sorbonne. She is a Professor of International Law at FGV Rio Law and Director of FGV Rio Law\u2019s Centre for Global Law and the Jean Monnet Centre of Excellence on EU-LA Global Challenges. Valentine Tissot Pinheiro\u00a0holds an LL.M. in […]<\/p>\n","protected":false},"author":2,"featured_media":10741,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[],"class_list":["post-10740","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"_links":{"self":[{"href":"https:\/\/www.cfwt.sua.ac.tz\/ecosystems\/wp-json\/wp\/v2\/posts\/10740","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.cfwt.sua.ac.tz\/ecosystems\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.cfwt.sua.ac.tz\/ecosystems\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.cfwt.sua.ac.tz\/ecosystems\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.cfwt.sua.ac.tz\/ecosystems\/wp-json\/wp\/v2\/comments?post=10740"}],"version-history":[{"count":3,"href":"https:\/\/www.cfwt.sua.ac.tz\/ecosystems\/wp-json\/wp\/v2\/posts\/10740\/revisions"}],"predecessor-version":[{"id":10744,"href":"https:\/\/www.cfwt.sua.ac.tz\/ecosystems\/wp-json\/wp\/v2\/posts\/10740\/revisions\/10744"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.cfwt.sua.ac.tz\/ecosystems\/wp-json\/wp\/v2\/media\/10741"}],"wp:attachment":[{"href":"https:\/\/www.cfwt.sua.ac.tz\/ecosystems\/wp-json\/wp\/v2\/media?parent=10740"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.cfwt.sua.ac.tz\/ecosystems\/wp-json\/wp\/v2\/categories?post=10740"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.cfwt.sua.ac.tz\/ecosystems\/wp-json\/wp\/v2\/tags?post=10740"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}