ABSTRACT
The Torres Strait Islands occupy a precarious space, literally and figuratively, on the border between the Global North and the Global South. The islands, the Torres Strait Islanders, and their ancient culture, known as Ailan Kastom, are uniquely vulnerable to climate change. Three separate climate cases in state, federal, and international fora have involved Torres Strait Islander groups. This chapter considers how the Torres Strait Islanders have instrumentalised similar rights and vulnerabilities in different ways depending on their chosen forum. The cases are viewed through the lens of ‘forum shopping’. The role of lawyers and the risks of forum shopping as a strategy in climate litigation are considered. The chapter’s ‘forum shopping’ perspective emphasises the agency of Torres Strait Islanders not as vulnerable people in need of rescue but as strategic actors fighting for their environment, culture, and future.
