Separate but equal in the protection against climate change? The legal framework of climate justice for the Caribbean part of the Kingdom of The Netherlands

Abstract

The experiences of overseas territories and how their varying degrees of self‐governance influence climate (in)action are overlooked topics, even though these places are often highly impacted by climate change. Analysing the situation of the Dutch Kingdom demonstrates some of these challenges. The Kingdom consists of the European Netherlands and the Caribbean islands of Aruba, Curacao, St Maarten, Bonaire, St Eustatius and Saba. Out of these, the Caribbean islands are the most vulnerable to climate change, while the European Netherlands has contributed the most to it. This can be seen as climate injustice. Access to mitigation and adaptation mechanisms mentioned in international agreements could be beneficial to these Caribbean islands. However, the international climate change agreements have only entered into force for the European part of the Kingdom and not the Caribbean part due to a territorial limitation. This has several consequences, and this paper highlights two. First, the requirement that greenhouse gas emissions should be reduced does not apply to the islands, which leaves room for unsustainable activities but also overlooks their need for adaptation and compensation for loss and damage. Second, access to climate finance instruments is limited as the Dutch Caribbean islands are seen as part of the Kingdom and therefore do not qualify for international assistance. Within the European Union, funds are available but access to these is not guaranteed, as the experience with recovery after Hurricane Irma demonstrates. These examples show that the issues around climate justice have been insufficiently resolved. There is a need for a long‐term climate strategy within the Kingdom along with complementary funding. Until then, climate litigation could assist in enforcing a duty of care by local governments and the Kingdom to protect inhabitants by using the human rights framework. This would also create a roadmap for other territories in similar circumstances.

The contours of environmental justice in the Caribbean

“…As a US Commonwealth and a high‐income economy on its own, Puerto Rico is excluded from many streams of international funding, including to address climate change (also see Robinson & Carlson, 2021). Misiedjan (2023) also explains how the colonial structure of the Dutch Kingdom has led to their Caribbean islands (i.e., Aruba, Curaçao, St Maarten, Bonaire, St Eustatius, and Saba) lacking sovereignty. The author further explains that the political set‐up of the Caribbean Netherlands excludes them from resources to address climate change—the islands are seen as part of Europe, hence they do not qualify for international assistance even though they are not receiving support from the Kingdom.…”

“…Robinson et al (2023) highlight the role of the Mayor of San Juan in pushing against the US Federal Government to get aid and support for the people of Puerto Rico in the aftermath of Hurricane Maria. Misiedjan (2023) notes a call to use litigation to access funds to address climate change in the Caribbean Netherlands under a human rights framework, and ‐pushes for the Dutch Government to include the Caribbean territories in its climate change plans. García Ch.…”

“…( 2023) studies the Colombian islands' first marine protected area (MPA). Misiedjan (2023) 2023) centre Puerto Rico, with the former studying passenger ferry governance and the latter Hurricane Maria's impact. Thomas and Benjamin (2023) spotlight The Bahamas in their analysis of the impacts of Hurricane Dorian.…”

“…(2023) studies the Colombian islands' first marine protected area (MPA). Misiedjan (2023) draws attention to climate action in the Dutch Caribbean. Moore and Koski‐Karell (2023) address agricultural intensification in Haiti.…”