In a significant development for climate justice, Caribbean Court of Justice President Justice Winston Anderson has formally proposed the creation of an International Climate Injuries Compensation (ICIC) Fund during his address at the Inter-American Seminar on Climate Emergency and Human Rights in Brasilia on March 16, 2026. The landmark proposal calls for mandatory financial contributions from major corporate polluters to provide crucial compensation for devastating weather-related damages experienced by vulnerable nations.
The seminar, jointly hosted by the Inter-American Court of Human Rights and Brazil’s Supreme Court, served as a platform to discuss the implications of the Court’s recent Advisory Opinion on climate emergency. While acknowledging this legal framework establishes government obligations to regulate climate-harming corporations, Justice Anderson emphasized that practical mechanisms remain insufficient for addressing urgent recovery needs following catastrophic events like Hurricane Melissa in October 2025.
Justice Anderson expressed particular disappointment with the existing Fund for Responding to Loss and Damage (FRLD) established under the Paris Agreement, noting its inadequate capitalization and limited compensation capabilities. He highlighted the stark disparity between Jamaica’s eligible compensation of approximately $20 million versus the actual damages of $6-7 billion from recent climate disasters.
The proposed ICIC Fund would operate under a ‘Polluter Pays’ principle, requiring multinational corporations exceeding specific greenhouse emission thresholds to contribute mandatorily through their operating states. Modeled after the International Maritime Organisation’s successful compensation framework for oil pollution, the fund would possess legal personality enabling affected parties to pursue claims directly in countries where climate disasters cause significant harm.
Justice Anderson first introduced this innovative concept during his keynote address at the CANARI Partners Forum in Barbados this January. The Caribbean Court of Justice, inaugurated in 2005 and currently presided over by Justice Anderson, serves as both a regional trade court and final appellate jurisdiction for several Caribbean nations, representing a profound expression of regional independence and judicial maturity.
