Who owns the Earth? We all do, but simultaneously, no one does. In April 2023, Trinidad-born attorney Justin Sobion, along with Dutch academic, Hans van Willenswaard, launched their book, “Reflections on Earth’s Trusteeship”. Sobion’s area of specialty, environmental law, is featured in the book, which puts forward the concept of “earth trusteeship” as a model of planetary governance towards reducing the impact of climate change.
At present, Sobion is the coordinator of the Earth Trusteeship Working Group–a global think tank, which consists of academics across the world. According to him, “this concept of earth trusteeship is like putting valuable belongings in a trust, and preserving it for when children come of age.” This concept may seem particularly novel in climate change discourse, but it is an ancient practice of the indigenous people, whereby the ethical responsibility for guardianship of natural resources for the future generation is intertwined into their religious and spiritual practices.
The book consists of a collection of scholarly inputs that delve more deeply into the core tenets of earth trusteeship. In his chapter, Klaus Bosselmann, professor, New Zealand Centre for Environmental Law, University of Auckland states that “our human destiny depends on the recognition that we are all part of the ‘community of life’ or ‘Earth community.’” Neshan Gunasekera, co-chair, Earth Trusteeship Working Group (ETWG), outlines how the concept works, saying that “every generation, far from being in a position of ownership or overlordship of the Earth, is in a position of trusteeship for generations yet to come.” These academic positions, put simply by Sobion, translate to the fact that “we are not here on this earth forever, the earth is a gift that has been granted to us, and it is our duty to pass it on in the same condition (or better) as it was when we received it.” If earth trusteeship is embedded into international law, the belief is that states will now have a legal responsibility to reduce our ecological footprint.
In October 2022, the Pacific island nation of Vanuatu brought a draft resolution, co-sponsored by a group of more than 130 countries (of which T&T is part), before the UN General Assembly to request an advisory opinion from the International Court of Justice (the world’s highest judicial body) to weigh in on existing laws, such as the covenants on cultural rights and the UN Convention on the Law of the Sea, and to clarify the rights and obligations of states in respect of climate change. In so doing, the ICJ will give an advisory opinion on the rights of present and future generations to be
protected from climate change. Notably, Caricom was the first regional grouping to support this initiative. The successful adoption of this landmark resolution by consensus was hailed as a victory for climate justice, bearing in mind reports by the Intergovernmental Panel on Climate Change that humans are responsible for virtually all global heating over the last 200 years.
Failure to protect citizens from climate hazards by putting potentially punitive measures to big industries into place, can lead to countries being sued for climate inaction. Sobion has hailed this matter as a real and landmark opportunity for T&T, and the Caribbean, to provide more than “lip service” and get actively involved in supporting the preparation of arguments for the case. “If senior counsels from Trinidad appeared before the ICJ, Trinidad will be making a contribution to this potentially historic ICJ pronouncement.”
Sobion, however, does not discount counter arguments against earth trusteeship. He understands how the concept can be seen as utopian, and “people may see it as altruistic to take action for the benefit of an abstract collective that isn’t born yet.” He also understands that some countries are facing current wars, or massive threats to national security, and may not take the environment as an immediate priority when lives are at stake.
However, he is insistent that we will be harshly judged by future generations if we don’t take this seriously now.
Reflections on Earth Trusteeship
“By 2040, we won’t even have fish in the sea because of overfishing, and fish will be seen as dinosaurs by future generations,” he asserts, “by 2050, our children and their children will be wondering how we left the earth in this terrible state.” Sobion also is firm in the belief that the new, younger generation is where a great deal of hope lies. As Vanuatu’s lobby of the UN General Assembly was initially birthed by a group of young climate advocates, he has great faith in the next generation of leaders of countries and industries, who are motivated by and very in tune with the need for prioritization of the earth.
“Reflections on Earth Trusteeship” is the first of its kind, and comes at a pivotal time in history, while the ICJ is preparing to produce an opinion on countries’ obligations to address climate change. The book has multiple authors, Right Livelihood Laureates, academics, scholars, individuals, youth, and members of civil society, all proffering expertise on ecological governance, and is co-edited by Sobion and van Willenswaard. Sobion is doing critical work internationally to support the action against the climate crisis and is sending a clear message to Caribbean countries to support this work. His book seeks to answer directly “what obligations do we have to people who are not born yet,” and outline the vital importance of taking urgent action against the degradation of the earth. It was launched in April 2023 in Bangkok, Thailand, and is set to launch on June 4 in the Hague, The Netherlands.
If you are interested in “Reflections on Earth Trusteeship”, you can go to https://schoolforwellbeing.org/.
Fayola K J Fraser is a professional in the international development arena. She has a BA in International (Middle Eastern) Studies and an MSc in International Relations & Diplomacy from the London School of Economics.
