UN seeks court opinion on climate in win for island states

National News

The countries of the United Nations led by the island state of Vanuatu adopted what they called a historic resolution Wednesday calling for the U.N.‘s highest court to strengthen countries’ obligations to curb warming and protect communities from climate disaster.

The resolution was adopted by consensus and Vanuatu Prime Minister Ishmael Kalsakau called it “a win for climate justice of epic proportions.” He reeled off a string of recent disasters including back-to-back Category 4 cyclones in his own country and record-breaking Cyclone Freddy that refused to leave southeastern Africa in recent weeks. “Catastrophic and compound effects like this are growing in number,” he said.

U.N. Secretary-General António Guterres said he hoped the opinion, when issued, would encourage nations “to take the bolder and stronger climate action that our world so desperately needs.”

Saudi Arabia and Iraq sought to soften the resolution, which was co-sponsored by some 132 countries, saying it would increase the workload of the international court.

Like many Pacific Island nations Vanuatu is at risk of rising seas engulfing swathes of the islands. Scientists say both extreme weather and sea levels have worsened because of climate change caused by the burning of fossil fuels. The resolution asks the court to pay particular attention to the harm endured by small island states.

Youth groups bolstered the effort, citing the need to protect the planet for current and future generations.

“I don’t want to show a picture to my child one day of my island. I want my child to be able to experience the same environment and the same culture that I grew up in,” said Cynthia Houniuhi of the Solomon Islands, who is president of Pacific Islands Students Fighting Climate Change, a group involved in getting the resolution to the General Assembly. “The environment that sustains us is disintegrating before our eyes.”

The group’s Solomon Yeo said “young people across the world will recall the day when we were able to get the world’s highest court, the International Court of Justice, to bring its voice to the climate justice fight.”

While the opinion from the International court of justice would not be binding, it would encourage states “to actually go back and look at what they haven’t been doing and what they need to do” to address the climate emergency, said Nilufer Oral, director at the Center for International Law at the University of Singapore.

Related listings

  • German woman risks tougher sentence over Yazidi girl’s death

    German woman risks tougher sentence over Yazidi girl’s death

    National News 03/08/2023

    A German appeals court on Thursday ordered a new sentencing hearing for a German convert to Islam who was given 10 years in prison on charges that, as a member of the Islamic State group in Iraq, she allowed a 5-year-old Yazidi girl she and her husba...

  • Interior: $580M headed to 15 tribes to fulfill water rights

    Interior: $580M headed to 15 tribes to fulfill water rights

    National News 02/03/2023

    Fifteen Native American tribes will get a total of $580 million in federal money this year for water rights settlements, the Biden administration announced Thursday.The money will help carry out the agreements that define the tribes’ rights to ...

  • President Biden to end COVID-19 emergencies on May 11

    President Biden to end COVID-19 emergencies on May 11

    National News 01/30/2023

    President Joe Biden informed Congress on Monday that he will end the twin national emergencies for addressing COVID-19 on May 11, as most of the world has returned closer to normalcy nearly three years after they were first declared.The move to end t...

Workers’ Compensation Subrogation of Administrative Fees and Costs

When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.

In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.

In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.

Business News

New York Adoption and Family Law Attorneys Our attorneys have represented adoptive parents, birth parents, and adoption agencies. >> read