Graduate Champions Climate Justice In World’s Highest Court

Law graduate Justin Sobion is helping to tackle one of the world’s biggest problems in the world’s highest court.

Auckland Law School’s Justin Sobion, who graduated with his PhD this week, will be fighting for climate justice in the world’s highest court this December.

Initiated by Vanuatu, 132 nations are asking the International Court of Justice (ICJ), which sits at The Hague, in the Netherlands, to establish the obligations of countries to address the climate crisis – and the consequences if they don't.

Eight Caribbean countries have filed written submissions at the ICJ for an outcome that will strengthen the region's legal position in terms of climate loss, damage claims and negotiations. Justin, who lives in Auckland and was born in Trinidad, is representing Grenada, Saint Vincent and the Grenadines, and Saint Lucia.

"In my doctoral studies, I was looking at the duties of states, particularly around holding the Earth in trust for future generations. So I’m a good fit to work on this case."

This month, the UN's top court announced that public hearings for the landmark case will begin on 2 December, and Justin is coordinating the Caribbean's submissions.

Earth Trusteeship

It was an article about Aotearoa's 'human river' that inspired the Caribbean-born, international environmental lawyer to embark on his doctoral studies at Waipapa Taumata Rau University of Auckland.

Despite living in Switzerland and enjoying a role at the UN as a human rights officer, the article, which told of how the Whanganui River was the first in the world to be recognised as having the same legal rights as a person, piqued his interest.

"It was fascinating to read about this legislation that sought to protect the river and aligned with the Māori worldview that the river is a sacred living entity. It got me interested in the country, tikanga, and the legal system here," says Justin.

Celebrating the end of his "scholarly marathon" this week feels amazing, says the Auckland Law School graduate, who missed his family and often felt bad for his wife as he spent hours working on his thesis, which he began in 2019.

Titled 'Earth Trusteeship: A Framework for a More Effective Approach to International Environmental Law and Governance', Justin's thesis begins with a quote from politician, iwi leader and activist Debbie Ngarewa-Packer: "The moment you become attached to the water, the ocean, you become guardians, kaitiaki."

Guardianship is a major element of Earth Trusteeship – an idea that posits that the Earth and its resources could be held in trust by states for current and future generations.

The aim of Justin's thesis was to explore whether Earth Trusteeship could provide a framework for a more effective approach to international environmental law and governance, thereby addressing head-on the ecological crisis.

"To be a trustee means you give up some authority because you're acting on behalf of someone else," he says. "That's a challenge, especially in a world where many states prioritise their own interests.

"Despite these challenges, I think Earth Trusteeship will become increasingly important as the global community grapples with environmental crises."

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