ITLOS has handed down an advisory opinion which clarifies States’ obligations under the UNCLOS with regard to addressing the impacts of human-caused climate change on the marine environment.
In summary, the International Tribunal for the Law of the Sea (ITLOS) has ruled that human-caused GHG emissions constitute ‘pollution of the marine environment’ and that States must comply with obligations under the UNCLOS (United Nations Convention on the Law of the Sea) which include taking ‘all necessary measures’. to prevent, reduce and control GHG emissions from any source.
As previously reported, ITLOS has issued this advisory opinion in response to a request from the Commission of Small Island States on Climate Change and International Law (COSIS). The climate action NGO Opportunity Green put forwarding a supporting submission urging ITLOS to consider shipping emissions in its advisory opinion.
In statement sent by Opportunity Green to Bunkerspot today welcoming the ITLOS judgement, the NGO’s Legal Director, David Kay, commented: ‘This is a seminal moment for international climate change law. The judges were clear that given the high risks of serious and irreversible harm to the marine environment, States’ obligations to address GHG emissions need to meet a very high standard, informed by the best available science and the 1.5 degree temperature goal and timeline. It’s not enough to just rely on global efforts and international organisations. With sectors such as international shipping currently off course, States urgently need to put in place effective policies to meet these legal obligations.’
Isabela Keuschnigg, Legal Officer at Opportunity Green, added: ‘With ongoing climate change cases around the world and three international advisory proceedings in the context of climate change, this is a pivotal moment in the pursuit of climate justice. ITLOS is the first of the three international courts and tribunals that has issued its opinion and will inevitably set the scene for what is to come. The Tribunal has shown the significance of our ocean in tackling the climate crisis and, crucially, highlighted the role of the law of the sea which clearly calls on States to take all necessary measures to stop the pollution of our seas from anthropogenic climate change.’
Click here to access an official statement from ITLOS regarding the advisory opinion.
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