Navigating Rising Tides: A Pacific Lawyer’s Perspective on Climate Justice

By Susana Kausea

Meet Susana Kausea, Partner and Founder of Tiale Law.

Born and raised across the Pacific, Susana spent much of her years in Tonga, Tuvalu, and the Solomon Islands, places where the beauty of island life meets the harsh realities of climate change.

Over the years, she has witnessed firsthand how rising seas and environmental devastation have reshaped communities and legal frameworks.

In this Q&A, Susana shares her experiences living across these islands, the urgent legal reforms needed to protect vulnerable Pacific nations, and the legal frameworks impacted by climate change.

Can you share a moment from your time in Tonga, Tuvalu, or the Solomon Islands that deeply impacted your understanding of environmental justice?

I have lived across several Pacific Island nations, including the Solomon Islands, Tonga, and Tuvalu. Throughout my life, I have watched the sea steadily rise and the vibrant coral reefs slowly disappear before my eyes. But there’s one experience that has been an eye-opening moment for me. After many years away, I returned to the Solomon Islands, to my grandfather’s land in the Roviana Lagoon where our family home stands and where I played as a child, only to find that much of that land is now covered by rising tides. It felt as if a dark cloud of loss had settled over my homeland.

Susana's grandfather's land now covered by the tides, Western Province, Solomon Islands

In that moment, environmental justice stopped being an abstract concept I heard about. It became my reality and that of my people. Our rural lagoon, where no carbon-emitting industries exist (not even electricity) had become one of the first victims of a crisis we contributed least to. This reality is not just about land taken by rising tides, it reveals a deeper environmental injustice and power imbalance where communities like mine who have done the least to cause the problem, suffer the harms inflicted by others.

True environmental justice will only be achieved when the world takes real, transformative action, when it acknowledges the broken systems that have created this imbalance, corrects them, and restores the safety, security, and dignity of nations like mine.

Our people have an equal right to be on ancestral grounds, to thrive with hope and dignity, and to right the wrongs done by others.

What kinds of environmental devastation have you witnessed firsthand in these island nations, and how have they affected local communities?

When you live in the Islands, the impacts of climate change can be seen right on your doorstep. Over the past decades, we have witnessed its threats grow more serious, especially to our land, livelihoods, and dignity. In the Solomon Islands, the vibrant coral reefs I swam among as a child, just beyond our doorstep, are now bleached. My grandfather’s land is regularly covered by the sea. In Tonga, the Uafu Amelika (waterfront jetty), where we often gather to swim now has its frontage submerged below sea level.

Susana and friends as teenagers at the waterfront jetty, Tonga. Frontage now below sea level.

In Tuvalu, where I raised my children, climate change touches nearly every aspect of daily life, from struggling to grow crops in degraded, salt-affected soil, to children swimming in areas where seawater now pools in the middle of the island.

Prolonged droughts leave water catchments empty, and rising seas have claimed coastlines, made traditional burials impossible, and increased climate-related illnesses. People are beginning to seek legal redress for land lost to coastal erosion, but the answers remain uncertain.

Coconut tree fallen from coastal erosion, Tuvalu

These are not just imagined threats; they are our daily reality. Our communities are actively pursuing adaptation, land reclamation, and disaster preparedness, response and recovery. Migration has emerged as one possible response, such as through the Falepili Union Treaty, but it is a double-edged sword. While it offers safety and opportunity, for some, it symbolises a loss of home, identity, and dignity. In Tuvalu, climate change has brought our communities to a difficult crossroads: choosing between staying on ancestral lands or securing a future elsewhere for the next generation.

Susana's son lying in flooded water, Tuvalu

How do climate change and rising sea levels uniquely impact legal frameworks and disaster preparedness in the Pacific?

In the Pacific, the intense impacts of climate change, including sea level rise, coastal erosion, and displacement, are already reshaping landscapes and challenging traditional legal systems that were never designed for such rapid climate impacts. The unique vulnerabilities of Pacific Island nations demand urgent reform and innovation in both legal frameworks and disaster preparedness, as outlined in the following table.

Legal frameworks impacted by climate change

Statehood and sovereignty	One of the most pressing legal questions concerns statehood and sovereignty. As land disappears beneath rising seas, can a nation still exist without its physical territory? Tuvalu has addressed this existential question by securing its statehood in its Constitution, affirming that the nation will continue to exist regardless of land loss, and has influenced the proceedings at the International Tribunal for the Law of the Sea (ITLOS). Additionally, Tuvalu is preserving its cultural heritage and national identity in the Metaverse, an innovative move that also raises new legal considerations around digital sovereignty, intellectual property, and virtual rights. The legal architecture for digital resilience is still in its infancy must be urgently developed to support these emerging efforts.
International climate responsibility and access to justice	Legal rights to take action under the auspices of the International Court of Justice’s advisory opinion on climate change responsibility also raise questions about whether current legal frameworks are sufficient to support legal proceedings for cross-border climate related wrongful acts.
Land tenure and erosion	Land tenure presents another legal challenge. Pacific land laws often account for land gained through natural accretion but rarely address the loss of land through erosion or sea-level rise. In many cases, there is no clear legal mechanism for compensating individuals or communities who lose their land. This gap leaves people in legal limbo and threatens the integrity of traditional land ownership systems.
Loss and damage beyond economics	The issue of loss and damage goes far beyond economic loss. In the Pacific, it includes the loss of culture, language, dignity, and human rights, intangible yet deeply significant. Legal frameworks must expand to determine how these losses are acknowledged and who is held accountable. This requires international cooperation and legal innovation to go beyond monetary compensation.
Public finance and access to climate funding	Public finance laws must also adapt. Accessing climate finance through mechanisms like the UNFCCC and the Paris Agreement demands that Pacific nations align their procurement, budgeting, and public financial management systems with international standards. But funding alone is not enough, policies and laws must define the legal rights, responsibility, and processes to ensure that resources reach the most vulnerable communities efficiently and equitably.
Disaster preparedness and proactive lawmaking	Disaster preparedness laws must shift from a reactive to a proactive approach. Sea-level rise blurs the distinction between slow-onset disasters and sudden emergencies. Legal systems must now address long-term adaptation, planned relocation, and infrastructure resilience, alongside traditional emergency response.
Maritime boundaries and resource access	Rising seas also affect resource access and maritime boundaries. As coastlines shift, Exclusive Economic Zones (EEZs), the basis of oceanic resource rights under the United Nations Convention on the Law of the Sea (UNCLOS), may be contested or redefined, creating new tensions over fisheries, minerals, and sovereignty.
Corporate obligations and private sector roles	The private sector is not exempt. Corporate obligations must also evolve. Businesses in the Pacific need clear legal guidelines outlining their responsibilities in climate adaptation and disaster management. A coordinated, multi-sectoral legal approach ensures that all actors, public and private, are aligned in addressing this collective threat.
Food security and socio-economic rights	Food security is now under threat for low-lying islands due to saltwater intrusion and declining agricultural viability. Stronger legal frameworks are needed to uphold the socio-economic right to food, particularly for communities most affected by land degradation.

What legal reforms or international collaborations do you believe are most urgent for protecting vulnerable Pacific nations?

The imminent threats of climate change to the vulnerable Pacific Islands demand urgent legal reforms and deeper international collaborations. The survival of entire nations depends on how quickly and effectively these frameworks evolve.

Urgent key legal reforms to protect Pacific nations

International Legal Accountability for Loss and Damage	There is an urgent need for a legal framework for loss and damage that goes beyond financial compensation to include non-economic harms such as loss of culture, heritage, and identity. This requires an enforceable system of accountability, whether through international tribunals, climate justice mechanisms, or negotiated liability frameworks that hold major emitters responsible for historical and ongoing emissions.
Legal Recognition of Statehood Without Territory	One of the most urgent legal reforms is the international recognition of statehood without physical territory. As countries like Tuvalu and Kiribati face the real possibility of total land loss, the international community must support legal pathways that preserve their sovereignty, UN membership, maritime rights, and identity regardless of geographic presence. This includes amending or reinterpreting provisions of international law, particularly under the Montevideo Convention and the UN Charter.
Climate-Resilient Land and Maritime Laws	Domestic land laws must be reformed to address land loss due to sea-level rise, including compensation mechanisms, legal recognition of displaced communities, and protection of customary tenure systems. Similarly, Pacific nations need international support to secure their Exclusive Economic Zones (EEZs), even if coastlines shift, by fixing maritime boundaries based on current baselines, a proposal already gaining traction in Pacific regional diplomacy.
Legal Frameworks for Planned Relocation and Migration	Clear legal guidelines are needed for planned relocation and cross-border climate migration. National relocation policies must be backed by legislation that ensures human rights, safeguards cultural identity, and provides for livelihoods. Internationally, new agreements or extensions to migration frameworks must recognise climate-induced displacement, providing safe, legal pathways for migration with dignity.
Access to Climate Finance	Pacific nations often face complex legal and bureaucratic barriers to accessing climate finance. Reforms are needed to align public finance, procurement, and budgeting laws with the requirements of international mechanisms like the Green Climate Fund. At the same time, international institutions must simplify access procedures and ensure funds are delivered directly to communities that need them most.
Digital Sovereignty and Technology Law	As countries like Tuvalu move to preserve their nationhood and culture in the Metaverse, international digital law must evolve to recognise virtual statehood, data sovereignty, and the protection of digital identities and archives. This is uncharted territory in international law, but urgent for nations exploring innovative ways to remain visible and sovereign in a warming world.
Indigenous approaches and voices	Pacific peoples are largely Indigenous and among those most affected by climate change, yet we remain underrepresented in international climate negotiations. Including Indigenous voices and models leads to more just, effective, and locally relevant climate solutions. Our traditional knowledge systems offer valuable insights into adaptation and resilience, and our participation helps correct historical power imbalances and environmental injustices. To achieve this, inclusion must go beyond symbolic participation to genuine, rights-based engagement that respects Indigenous governance, land rights, and cultural integrity. Aligning with frameworks like United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and ensuring access to climate finance tailored to Indigenous priorities are key steps toward more equitable and sustainable climate action.
Regional and Global Cooperation	Stronger regional collaboration through the Pacific Islands Forum and global alliances with small island states (such as AOSIS) must continue to drive collective legal advocacy at the UN, COP meetings, and international courts. Unity amplifies Pacific voices, especially when advocating for binding emissions cuts, climate reparations, and reform of global financial systems.

In the Pacific, the climate emergency demands not just adaptation but transformation. Legal systems both nationally and internationally must evolve quickly to reflect the lived realities of Pacific peoples. Without decisive reform and solidarity, the law risks becoming another structure overwhelmed by the rising tide.

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