On December 12, Bryce Rudyk LLM ’08, director of NYU Law’s United Nations Diplomacy Clinic, appeared before the International Court of Justice (ICJ) in The Hague as the court held hearings on the legal response to threats to humankind posed by climate change. Rudyk addressed a question that the UN has asked the ICJ, its judicial arm, to consider: What obligations under international law do countries responsible for the vast majority of human-created greenhouse gases have to small island nations that are in particular jeopardy from sea level rise and other effects of a changing climate?
Since 2013, Rudyk has served as legal advisor to the Alliance of Small Island States (AOSIS), whose 39 members include the likes of Jamaica, the Maldives, Fiji, and Singapore. That work dovetails with his role heading the UN Diplomacy Clinic, which each year places 12 students in the UN missions of small island and low-lying coastal states whose development challenges and diplomatic priorities are tied to the adverse effects of climate change. Rudyk also teaches international environmental law at the Law School.
A ruling from the ICJ on the climate change case is expected within the next six months. Ahead of Rudyk’s appearance before the court, we asked him some questions about the case.
How did you first get connected to AOSIS and then become its legal advisor?
NYU Law has a long history of working with small states at the United Nations, which I was first connected to when I did my LLM. When I returned to work at NYU, I connected with AOSIS members because of our NYU Guarini work on climate governance. We held an event for UN legal advisors when Palau was making the first push for an ICJ advisory opinion on climate change and conducted capacity building workshops on legal issues in climate. A few years later, AOSIS was looking for a legal advisor, I applied and got the job, which I have done ever since.
How did this matter get onto the ICJ’s docket?
This work was started by law students in the Pacific, who had been organizing on this issue for a few years. They were able to get small island states to agree to bring this issue to the UN. The legal advisors at the Vanuatu Mission then created a coalition of states to push for the necessary General Assembly resolution. AOSIS members were initially split on that legal strategy, but eventually came around. Once that happened, then AOSIS was quite vocal in calling for consensus on the resolution. But this is an excellent example of interested individuals being able to bring an issue to the international community.
What are AOSIS nations looking for from the ICJ ruling?
There will be 28 AOSIS member states that will make oral submissions to the court, in addition to the one that AOSIS will make. These submissions will cover a wide range of legal issues, but most will focus on what international law says about the obligations of states to prevent and respond to climate change and where we find that law—e.g. treaties or custom.
AOSIS’s focus is slightly different, as we are focusing on the legal implications that result from the breach of the primary obligation to prevent climate change. As such, we are focusing on the impact of sea-level rise on the permanence of maritime zones and the continuity of statehood.
What involvement have students had in this matter?
NYU Law students have been involved in several aspects of this case, primarily through the UN Diplomacy Clinic. Students have written legal memos for me to prepare our submissions. In addition, students working in other UN missions have done work on national submissions, including reviewing submissions drafted by external counsel.
In addition, at least two NYU Law graduates [Peter Prows ’06 and Clement Yow Mululap LLM ’08] will be making oral submissions on behalf of countries.
How have you been preparing for your ICJ argument?
All statements and legal submissions from AOSIS need to be approved by all 39 member states. I’ve been working to draft our statement, consulting with members on the content and revising frequently. As we are making some novel arguments before the Court, we have had to engage in a lot of discussion with members. Once the submission is completed, the Ambassador of Samoa and I will practice extensively before we deliver it before the Court—they are very strict on timing and speaking speed for the translators.
What is the dress code for individuals appearing before the ICJ, and what will you be wearing?
The normal dress code for advocates at the ICJ is their national legal dress. As a Canadian trained and qualified lawyer, I would normally wear black wool robes. . However, it has been a number of years since I have appeared before a Canadian court, and they don’t fit anymore. So, I’ll just be wearing a grey suit, with a Pacific patterned tie and an ulafala—a necklace of red dried pandan fruit that are usually worn by orators/speaking chiefs in village meetings in Samoa.
Watch video of Bryce Rudyk's argument at the ICJ.
Posted December 13, 2024