Advisory Opinion

Suggested Line Arguments

Problem: What are the rights of present and future generations (of Pacific Small Islands) under
International Law, in relation to the protection of natural resources, potentially threatened by
geoengineering projects designed to respond to the Global Climate Crisis?

Specific Questions:
1) What protections does international law provide for present and future generations (of Pacific Small
Islands)against the risk of deleterious impacts caused by geoengineering activities undertaken
pursuant to a State’s fulfillment of its Nationally determined contributions under the Paris Agreement?
2) Does acknowledgment under the Paris Agreement of the rights of indigenous peoples (of Pacific
Small Islands)require participatory climate change adaptation that takes into account the traditional
knowledge of the indigenous peoples?

Line Arguments / Structure of Submissions

1) Here comes the representative of Pacific Small Islands through (name of regional organization)
presenting the answer to the problem (state the problem and specific questions) in the perspective of
its region’s states and their constituents.
*[Similar to the the introductory part of a pleading with description of party litigants]
a) state 1-2 statements of description of pacific small island
2) Short background/info relative geoengineering projects
a) As brought by nationally determined contributions of states in response to Paris Agreement
i. Maintaining world’s temperature below 2C (Article 2 of Paris Agreement)
ii. Cite examples of projects
b) Its intended goal (positive) - Carbon dioxyide reduction
c) Its negative effects - floodings, displacement, etc
i. Emphasize effect to Pacific Small Islands
1.Most susceptible to be affected by rise of sea level, floodings, etc because of the size
and level of land. Studies show that in 50 and 60 years, small islands will be drowned and
will be virtually gone.
3) [For the first specific question] Enumerate the 3 main submissions
a) Discussion of first submission
b) Discussion of second submission
c) Discussion of third submission
*[so far this is my suggested submissions:
A. Recognition and enforcement of Political and Civil Rights of present and future generations
relative to environmental concerns or issues
i. Discuss UN Covenant on Civil and Political Rights
1. Basic character - individual rights entailing freedom from arbitrary governmental
interference, or as guaranteeing participatory rights in civil society
2. As applied in environmental law - can be used to give individuals, groups, and NGOs
access to information, judicial remedies, and political processes.
3. Impact - make public bodies accountable. National law is the medium through which
states will usually implement their international obligations and regulate te conduct their onw
nationals and companies both inside their border and beyond. It serves as the principal source of
legal remedies for individual claimants and enables the notion of individual or corporate
 responsibility to become part of the system of enforcement.
ii. Shortly discuss supporting bodies of international law
1. Rio Declaration - Principle 10 - effective access to justice
- granting of locus standi to environmental groups and even FUTURE GENERATIONS in
administrative and judicial proceedings such as in the case of Philippines - Oposa v.
Factoran
2. European Court of Human Rights - Cyprus v. Turkey

B. Recognition and enforcement of Political and Civil Rights of present and future generations
relative to environmental concerns or issues
i. Discuss the International Covenant on Economic, Social, and Cultural Rights
1. Basic character - encouraging governments to pursue policies which create conditions of
life enabling individuals and groups to develop equally to their full potential
2. As applied in environmental law - right to health, the right to decent living conditions,
and the right to a decent working environment - all of which may bear directly upon
environmental conditions.
3. Impact - environmental rights can be asserted through substantive standards of human
well-being - right to life, right to health, right to safe working environment, right to property.
*Basically, substantive rights does need a little justification. They are guaranteed by almost all states.
ii. Shortly discuss other supports - (still gathering data)

C. Authoritative and Normative significance of International Law

i. Basic idea of international law and its impact to states behavior
1. UN Membership
2. Economic sanctions by WTO, etc
3. Extraterritorial protective jurisdiction
- ICJ Cases - Trail Smelter Arbitration (US V. Canada), and Corfu Channel
4. Concept of ergo omnes
- ICJ Case - Advisory opinion for use of nuclear weapons
*This simply answers the thought of how would international law impose its principles considering
the sovereignty of states and their diverse interests]

4) [For the second specific question] Briefly discuss who are indigenous peoples, and who are
indigenous people of Pacific Small Islands
Enumerate the 3 main submissions
a) Discussion of first submission
b) Discussion of second submission
c) Discussion of third submission
*[Suggested submissions:
Yes. Acknowledgment in Paris Agreement of the rights of indigenous people require participatory
climate change adaptation that takes into account the traditional knowledge of the indigenous people.
i. Discuss pertinent provision of Paris Agreement
ii. Discuss UNDRIP
iii. Discuss UN Covenant on Civil and Political Rights
*Basically with same discussion as above but with focus to civil and political rights and SOLIDARITY
RIGHTS AND RIGHT FOR SELF-DETERMINATION of indigenous people of Pacific Small Islands.
iv. Cite cases of Yanomami Indians and relate to situation of Pacific Small Islands indigenous people
with focus on their right to property.
5) Conclusion
i. Dovetail the submissions in the specific questions towards the general problem.
6) Extro