By: Staff Writer
March 20, 2026
A Caribbean Court of Justice judge said the Caribbean has “profound influence,” over international law.
Justice Chantal Ononaiwu, Judge of the Caribbean Court of Justice, said at a distinguished lecture at the 2026 Eugene Dupuch Distinguished Lecture that: “I will reiterate the value that Caribbean nations, as small states, assign to the rule of international law, illustrating the profound influence of international law on the Caribbean and how the Caribbean has helped to shape international law. Admittedly, respect for international law is, shall we say, under strain.”
She continued: “Prime Minister Motley stated, and I quote, countries of different sizes, capacities and cultures can only survive in the world in which we live, if we maintain a rules-based system.
“International law has had a significant influence on the Caribbean, and as I said before, the region has actively participated in shaping International Law. At this juncture, I will provide three illustrations briefly.
“First, the development of the right to self-determination and independence as core norms of international law was instrumental to decolonization and the emergence of Caribbean States.
“A core purpose of the United Nations identified in its founding charter is the development of friendly relations among nations based on respect for the principle of equal rights and Self Determination of peoples.
“In 1960 the UN General Assembly, through its declaration on the granting of independence to colonial countries and peoples, often called resolution 1514, proclaimed that all peoples have the right to self determination.
Justice Ononaiwu also said: “The commission of small island states on climate change and international law (COSIS) requested The International Tribunal for the Law of the Sea (ITLOS) to clarify two questions. First, what are the specific obligations on the UNCLOS (United Nations Convention on the Law of the Sea), to prevent, reduce and control pollution of the marine environment in relation to climate change effects.
“And secondly, what are the obligations that states have to protect and preserve the marine environment regarding climate change impacts? So, in one question, the focus was on, what are the obligations of states to prevent, reduce and control pollution of the marine environment, and in the other what are the obligations of states to protect and preserve the marine environment.”
She added: “COSIS was established under the terms of a 2021 agreement by Antigua and Barbuda and the Pacific state of Tuvalu. And at the time of filing the request, Palau knew Vanuatu and St Lucia had acceded to this agreement. Later, St Vincent and the Grenadines St Kitts and Nevis and the Bahamas joined COSIS.
“The COSIS agreement reflects the party’s alarm as to the catastrophic effects of climate change impacting SIDS (small island developing states) their reliance for survival on the marine living resources in their maritime zones, and their need to continue to consider their maritime boundaries unchanged, notwithstanding any physical change potentially caused by sea level rise.
“Imagine that they were advocating for their existing boundaries to be respected, even if due to sea level rise, they disappear.
“The agreement also recognizes the imperative necessity for pursuing climate justice in accordance with international law in the eventual proceedings before it loss, the perspectives of CARICOM states were reflected not only in the submissions by COSIS, but also those made by Belize and in its unanimous advisory opinion delivered on the 21st of May 2024 ITLOS determined that anthropogenic greenhouse gas emissions constitute pollution of the marine environment under UNCLOS.”