On Thursday 14 May, the Sydney Environment Institute (SEI) welcomed Professor Elisa Morgera, current mandate holder of the United Nations Special Rapporteur on the promotion and protection of human rights in the context of climate change. Professor Morgera shared her priorities and key perspectives from her mandate to address the adverse impact of climate change on the enjoyment of human rights, while University of Sydney researchers from the Faculty of Arts and Social Sciences, Faculty of Science, the Law School, and the Sydney Conservatorium of Music spoke about their work and intersections with Morgera's mandate. We discussed climate action from top-down international governance in the world’s courts to bottom-up community action led by students, scholars, and civil society. It was inspiring to hear about the work that our scientists, researchers, and artists are doing to care for the natural world.
Professor Morgera presented a bold and positive vision - one that demands more than piecemeal emissions reductions, but a fundamental transformation of the global economy away from dependence on fossil fuels. This vision is rooted in the belief in and support for human rights and in prioritising the needs and aspirations of the most vulnerable. Morgera also warned against "carbon tunnel vision", which has left out health science, planetary science, and individual and collective lived experience from climate discussions. Instead, she advocates considering planetary health holistically.
We also discussed how the landmark advisory opinions delivered in 2024 and 2025 by the International Tribunal for the Law of the Sea (ITLOS), the Inter-American Court of Human Rights (IACtHR), and the International Court of Justice (ICJ) have clarified and strengthened states' obligations on climate change. The ITLOS opinion brought oceans, which have historically been neglected by the climate regime, within the scope of binding climate obligations. The IACtHR opinion introduced new protections for children, women, and Indigenous peoples. The ICJ opinion which has already been discussed by SEI in this piece, held that the Paris Agreement is not isolated from other areas of international law, and instead, customary law and human rights law also apply. Described as "truth-telling by the highest courts", Morgera explained how notional compliance with the Paris Agreement is not sufficient to meet states' legally binding obligations. Nationally Determined Contributions must be progressive and reflect each country's highest possible ambition. Taken together, these advisory opinions have demonstrated that the international courts are willing to be bold, even when states are not.
Climate change is a collective action problem of unprecedented magnitude. It is an urgent and existential threat, and combatting its effects can feel insurmountable. However, Morgera provided a message of hope and a reminder that climate action is happening all around us. The campaign for the ICJ advisory opinion began with law students in Vanuatu, and much power still lies with the people. In the face of mounting pressure from communities, civil society, and courts, the business-as-usual approach is becoming untenable. The roundtable was inspiring and served as a reminder that hope for climate action should not be lost; a just future depends on it.
The UN Special Rapporteur on the promotion and protection of human rights in the context of climate change has recently delivered a new report, Transforming food systems for a safe climate and health for all. Professor Morgera has also launched The Sumaúma Pledging Tree for Human Rights-Based Climate Action, alongside the Office of the UN High Commissioner for Human Rights, the COP30 Special Envoy on Human Rights and Just Transition, and the Brazilian Ministry of Human Rights and Citizenship. This pledge is currently open for input, inviting actors to "[share] their pledges and specific actions, with the aim of promoting, protecting and ensuring human rights in the context of climate change. These can be existing or emerging initiatives and practices that are transformative, innovative, and catalytic in advancing human rights-based climate action and supporting mutual learning to realize a future in which humanity and nature coexist in harmony." More information on how to contribute to the Pledge, as well as other calls for input, can be found here.
About the author
Eliza Crossley is an Honours fellow with the Sydney Environment Institute and a student in the Sydney Law School. She is currently investigating the consequences of the rejection of lex specialis in ICJ's Advisory Opinion on climate change.
Photo of Professor Morgera ©Laurie Lewis