ITLOS AO & What It Could Mean for the Climate ICJAO
On May 21, 2024, the International Tribunal for the Law of the Sea (ITLOS) issued an important Advisory Opinion on climate change, our oceans, and international law.
This eagerly awaited opinion was requested by the Commission of Small Island States on Climate Change and International Law (COSIS), which has been crucial in highlighting the link between climate change and the law of the sea. COSIS submitted the request on December 12, 2022, seeking guidance on the legal obligations of State Parties to the United Nations Convention on the Law of the Sea (UNCLOS) to address marine pollution caused by climate change.
The ITLOS Advisory Opinion clearly states that under UNCLOS, countries must reduce greenhouse gas (GHG) emissions to protect the marine environment.
This ruling is the first time an international tribunal has addressed State obligations regarding climate change mitigation. It clarifies the application of UNCLOS in the context of climate change, detailing how UNCLOS and global climate change rules interact and specifying the duties of States to reduce harmful GHG emissions.
ITLOS concluded that "States Parties to the Convention have specific obligations under article 194 of UNCLOS to take all necessary measures to prevent, reduce, and control marine pollution from human-caused GHG emissions and to endeavour to harmonise their policies in this connection." The tribunal emphasised that article 194, paragraph 1, of UNCLOS imposes a duty of care on States.
The ITLOS opinion provides crucial legal clarity on State responsibilities under international law to combat climate change, particularly in marine environments.
It represents a major victory for small island developing states and other vulnerable communities, affirming their right to a healthy marine environment and the duty of all nations to take effective climate action.
This Advisory Opinion is the first of 3 from international courts on climate change, with 2 more opinions anticipated. 1 from the Inter-American Court of Human Rights and 1 from the International Court of Justice (our ClimateICJAO campaign).
The ITLOS Advisory Opinion is expected to influence legal opinions and significantly impact the international legal framework regarding climate-related obligations. It reinforces the scientific consensus on climate change and underscores the urgent need for states to phase out fossil fuels to protect our oceans.
With this, our Climate ICJAO Campaign must now continue to push for the ICJ to issue an advisory opinion that also aligns with the science, clearly defining what countries need to do and the consequences related to climate change.
This connection between GHG and climate change will help set international legal standards and drive real, impactful action. This development shows how important continued advocacy and clear legal guidelines can be.
Read ITLOS Official Press Release.
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