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On September 11, Small Island States get their day in Court

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In the face of unremitting climate change threats and unfulfilled promises from industrialized nations, leaders of small island states have courageously taken matters into their own hands. Their frustration with lacklustre funding and inadequate solutions to fortify their countries against climate change has led them to pursue the power of the international legal system. They are seeking justice against those nations whose excessive greenhouse gas emissions pose an existential threat to their peoples.

The International Tribunal of the Law of the Sea (ITLOS) has consented to hear their groundbreaking case in which they are aiming to ascertain the legal responsibility of States for carbon emissions, marine pollution, rising sea levels, and the resultant damage inflicted on other states. The landmark hearing will take place in Hamburg from September 11 to 13, 2023.

It was just a short 21 months ago that the Prime Ministers of Antigua and Barbuda and Tuvalu, Gaston Browne and Kausea Natano respectively, showed extraordinary foresight and bravery by embarking on a novel legal journey to combat the threats of climate change to their peoples’ survival. An historic accord was signed on the sidelines of the COP26 meeting in Glasgow, giving birth to The Commission of Small Island States on Climate Change and International Law (COSIS) as an international body, registered with the United Nations Secretariat, with a mandate to pursue the implementation of international law regarding climate change.

Today, their daring initiative is reaping results. Supported by an international team of legal experts and representatives from five other small island states, their plea for an Advisory Opinion was submitted to ITLOS on June 16, 2023.

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Two crucial questions are posed to the tribunal: Firstly, what are the State Parties’ obligations to prevent, reduce, and control marine environment pollution due to climate change effects, including ocean warming, sea level rise, and ocean acidification, all spurred by anthropogenic greenhouse gas emissions? Secondly, how must the marine environment be protected and preserved in the face of these climate change impacts?

Their choice to engage the international legal system is the culmination of years of frustration over industrialized nations’ seeming lip-service and labyrinthine funding mechanisms, proposed at over years of meetings of the UN Conference of the Parties (COP).

Often the pledges that are made do not offer additional money; in many cases the funds are repurposed from other promises that were not kept. Additionally, the dizzying number of new mechanisms that are supposedly set up are not only narrow in their purpose, but the means of accessing them are both obtuse and restrictive.

Among these are the Global Shield Solutions Platform, which builds on the InsuResilience Solutions Fund and a Global Shield Financing Facility set up at the World Bank; the Climate Vulnerable Forum & V20 Joint Multi-Donor Fund that promises to establish a loss and damage program utilizing the GEF Small Grants Programme structure to make smaller funding amounts directly available to affected communities.

Highlighting these inadequacies is the much-lauded ‘loss and damage’ fund, discussed for the first time at the 27th COP meeting in Egypt. While it was hailed as a breakthrough, the reality was a mirage. The practiced and clever negotiators of the industrialized states at COP27 did not establish a fund nor the means to make it operational; they merely agreed to set up a Transitional Committee comprising representatives from 24 countries —10 from developed countries, including the United States, and 14 from developing countries. The purpose of the Committee is to make recommendations to COP28 in December 2023, including on what countries should contribute to the fund, how the fund will be administered, and what funding arrangements might be possible.

When these convoluted mechanisms are coupled with a 13-year failure by industrialized nations to deliver on the promise of providing US$100 billion annually in climate finance for low- and middle-income countries, the resolve of small island state leaders to seek justice through the international legal system is fully understandable.

In pursuing the establishment of COSIS and seeking an Advisory Opinion from ITLOS, the leaders of small island states were frequently discouraged from their path by governments of industrialised nations.  The latter fear edicts from international legal bodies which, at the very least, establish their obligations; they much prefer non-binding negotiations such as the COP process in which their considerably greater skills and leverage give them an advantage.

Nonetheless, the small island state leaders pursued their cause relentlessly, understanding that the stakes are too high to acquiesce to pressure. Their commitment resonates with the words of Prime Minister Gaston Browne, who declared, “The time for empty promises is over.”  The leaders have been joined by 33 other countries and nine international organizations in making submissions to ITLOS.

The upcoming ITLOS hearing in September is a significant milestone, with implications that could redefine the climate change landscape. The fight waged by the leaders of Antigua and Barbuda, The Bahamas, Niue, Palau, St Lucia, St Vincent and the Grenadines, and Vanuatu through COSIS is not just for their nations. It’s a fight for climate justice that will resonate across the globe.

(The writer is Antigua and Barbuda’s Ambassador to the United States and the Organization of American States. He is also a Senior Fellow at the Institute of Commonwealth Studies at the University of London and Massey College in the University of Toronto. The views expressed are entirely his own. 

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REQUEST FOR EXPRESSIONS OF INTEREST

(CONSULTING SERVICES – INDIVIDUAL SELECTION)

 

OECS MSME Guarantee Facility Project

Loan No.: IDA-62670, IDA-62660, IDA-62640, IBRD-88830, IDA-62650

Assignment Title: Senior Operating Officer (SOO)

Reference No. KN-ECPCGC-207852-CS-INDV

 

The Governments of Antigua and Barbuda, Commonwealth of Dominica, Grenada, St. Lucia and St. Vincent and the Grenadines have received financing in the amount of US$10 million equivalent from the World Bank towards the cost of establishing a partial credit guarantee scheme, and they intend to apply part of the proceeds to payments for goods, and consulting services to be procured under this project. 

The consultant will serve as the “Senior Operating Officer (SOO)” for the ECPCGC and should possess extensive knowledge of MSME lending with some direct experience lending to Micro, small and medium-sized businesses, knowledge of the internal control processes necessary for a lending operation and the ability to design and implement risk mitigation procedures. The ideal candidate should possess an Undergraduate Degree from a reputable college or university, preferably in Business, Accounting, Banking or related field, with a minimum of 5 years’ experience in lending, inclusive of MSME lending. The initial employment period will be for two years on a contractual basis. Renewal of the contract will be subject to a performance evaluation at the end of the contractual period. The assignment is expected to begin on September 30th, 2021.  The consultant will report directly to the Chief Executive Officer of the ECPCGC.

The detailed Terms of Reference (TOR) for the assignment can be viewed by following the attached link below. 

 

https://bit.ly/3iVannm

 

The Eastern Caribbean Partial Credit Guarantee Corporation (ECPCGC) now invites eligible “Consultants” to indicate their interest in providing the Services. Interested Consultants should provide information demonstrating that they have:

  • An Undergraduate Degree from a reputable college or university, preferably in Business, Finance, Banking or related field; and
  • Minimum of 5 years’ experience in MSME lending. Applicants should also have:
  • The ability to design and implement risk management procedures 
  • Extensive knowledge of MSME lending with some direct experience lending to small and medium-sized businesses
  • Extensive knowledge of MSME banking operations
  • Knowledge of the internal controls necessary for a lending operation and the ability to design and implement risk management procedures
  • Experience developing and presenting information in public, including responding to questions in real-time
  • Experience lending to MSMEs located in the ECCU
  • Knowledge of marketing and communicating with the MSME sector
  • Ability to draft procedures to be used in a lending operation
  • Familiarity with the mechanics of a loan guarantee program
  • Exceptional written, oral, interpersonal, and presentation skills, and
  • Proficiency in the use of Microsoft Office suite.

The attention of interested Individual Consultants is drawn to Section III, Paragraphs 3.14, 3.16, and 3.17 of the World Bank’s Procurement Regulations for IPF Borrowers July 2016, [revised November 2017] (“Procurement Regulations”), setting forth the World Bank’s policy on conflict of interest. A Consultant will be selected in accordance with the Approved Selection Method for Individual Consultants set out in the clause 7.34 of the World Bank Procurement Regulations for IPF Borrowers. 

 

Further information can be obtained at the address below during office hours 0800 to 1700 hours:

Eastern Caribbean Partial Credit Guarantee Corporation

Brid Rock, Basseterre,

St. Kitts.

Expressions of interest must be delivered in a written form by e-mail by August 11th, 2021, to [email protected]

 

For further information, please contact:

Carmen Gomez-Trigg                                                            Bernard Thomas

Chief Executive Officer                                                          Chief Financial Officer

Tel: 868-620-8144                                                                  Tel: 869-765-2385

Email: [email protected]                                          [email protected]