Loss and Damage Is Now Law: Vanuatu’s Climate Change Victory for Communities our Communities

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On July 23, 2025, the International Court of Justice (ICJ) delivered a historic advisory opinion: countries have a legal obligation to prevent climate harm and protect the right to a clean, healthy, and sustainable environment. This was the result of a bold push led by Vanuatu — a small island nation taking on the world’s biggest polluters in a legal David vs Goliath moment.

But what does this ruling actually mean for Vanuatu? And what does it mean for something so urgent and deeply personal — like loss and damage?


What Is Loss and Damage?

Loss and damage refers to the impacts of climate change that can no longer be prevented or adapted to. This includes:

  • Destroyed homes after cyclones
  • Land lost to rising seas
  • Ruined livelihoods
  • Displaced communities
  • Loss of cultural sites and identity

For Vanuatu, this is not just theory — it’s an urgent reality affecting families and villages every day.


Rubber Hits the Road: Vanuatu Launches Bold National Policy

On July 18, 2025, Vanuatu launched the Loss and Damage Policy with Implementation Roadmap — the world’s first national framework focused specifically on climate-related loss and damage.

Developed by the Ministry of Climate Change Adaptation and other key agencies, this policy recognizes that while Vanuatu contributes less than 0.001% to global emissions, it bears a heavy burden from climate impacts.

Key Features of the Policy

  • Establishes a Loss and Damage Working Group to oversee implementation
  • Mandates Annual Gap Reports to assess future risks and adjust policies
  • Integrates human rights, traditional knowledge, and community-led solutions
  • Creates national infrastructure like a Loss and Damage Funding Mechanism and Climate Finance Country Platform
  • Calls for international financial and technical support to fill the funding gap

Minister Ralph Regenvanu calls this policy a declaration of justice — a plea for shared global responsibility and external support to protect Vanuatu’s people and environment.


How the ICJ Ruling Strengthens Vanuatu’s Fight for Loss and Damage

The ICJ ruling gives Vanuatu a strong legal foundation to demand:

  • The right to a clean and healthy environment as a human right
  • Legal responsibility for countries that fail to reduce emissions and cause climate harm
  • Reparations and support from polluting nations for loss and damage caused

This means Vanuatu’s demands for compensation and aid are now backed by international law — not just moral argument.


How Can Vanuatu Benefit?

  1. Access to Climate Finance
    The ICJ ruling combined with the national policy strengthens Vanuatu’s ability to secure international funds for rebuilding and climate resilience.
  2. Stronger Negotiating Power
    Vanuatu can lead at global climate talks like COP30 to keep loss and damage on the front burner.
  3. Legal Accountability
    The ruling opens pathways to seek reparations from major polluters.
  4. Community Resilience
    Policy initiatives empower local communities to protect heritage, adapt, and prepare for future impacts.

Why This Matters for Every Ni-Van

These victories are not just legal milestones — they represent lifelines for villages like Wakon, where rising seas are washing away homes, churches, and ancestral land.

For every Ni-Van, this means our losses are recognized, our voices amplified, and our right to justice affirmed.

Loss and damage acknowledges the true cost of climate change and insists those responsible help us recover and survive.


Justice has spoken. Now it’s time to act.


This blog is intended for informational purposes only and does not constitute legal advice. While efforts have been made to ensure accuracy, readers should consult relevant legal and policy experts for specific guidance related to climate change, loss and damage, and Vanuatu’s legal context. The opinions expressed are those of the author and do not necessarily reflect the official position of any government or organization.

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