The International Tribunal for the Law of the Sea recently delivered an advisory opinion on the obligations of states to prevent climate change. While non-binding, the opinion found that countries have an obligation under the United Nations Convention on the Law of the Sea to reduce greenhouse gas emissions to protect the marine environment. This opinion could provide insight into how the International Court of Justice may rule on its pending advisory opinion on the Obligations of States in respect of Climate Change.
Established in 1982 through UNCLOS, ITLOS handles disputes relating to the interpretation or application of the Convention. 168 states and the European Union have signed the Convention, although the United States signed but has not ratified it, making them not a party to the Convention. ITLOS’ advisory opinion is based on a request submitted by the Commission of Small Island States on Climate Change and International Law, formed by a multilateral treaty in anticipation of COP26 in Glasglow, Scotland.
The advisory opinion delivered by the Tribunal found that parties to the Convention have an obligation to prevent climate change. This includes taking necessary measures to prevent, reduce, and control marine pollution from anthropogenic greenhouse gas emissions. The Tribunal also emphasized the specific obligation to assist developing and vulnerable countries in addressing marine pollution from GHG emissions. Furthermore, states have an obligation to protect and preserve the marine environment from climate change impacts, including measures to restore marine habitats and ecosystems.
While the opinion is non-binding, it will influence how national courts interpret UNCLOS and push countries to adopt stricter legal obligations on businesses to comply with the new responsibilities. The opinion has implications for the shipping and cruise industries, as stricter GHG emissions standards for ships could impact operating costs. Additionally, the Tribunal’s findings on providing assistance to developing states in addressing marine pollution from GHG emissions could lead to increased international cooperation and support for vulnerable countries in combating climate change. The opinion sets a precedent for addressing climate change and protecting the marine environment within the framework of international law.
