International Tribunal for the Law of the Sea (ITLOS)
And Climate Action
International climate change litigation reached a milestone on May 21, 2024, when the International Tribunal for the Law of the Sea (ITLOS) delivered an advisory opinion sought by the Commission of Small Island States on Climate Change and International Law (COSIS) regarding the specific obligations of the Parties to the United Nations Convention on the Law of the Sea (UNCLOS) for climate change mitigation. The COSIS, an association of small island states established in 2021, prompted this significant move.
SIMPLIFIER: UNDERSTANDING THE ITLOS ADVISORY OPINION
Q: What did the ITLOS advisory opinion clarify?
A: The opinion clarified that states must take measures to prevent marine pollution from greenhouse gas emissions (GHGs) under UNCLOS.
Q: How does the opinion classify carbon dioxide?
A: The opinion classifies carbon dioxide from human activities as a pollutant that affects the marine environment.
Q: What is the principle of prevention mentioned in the opinion?
A: The principle of prevention requires states to avoid significant harm to shared natural resources, like the ocean, by regulating activities that cause pollution.
Q: Does the advisory opinion have legal force?
A: No, the opinion is not legally binding, but it holds significant political and moral influence.
Q: What challenges remain in implementing the ITLOS opinion?
A: The opinion does not specify exact methods for reducing emissions, leaving states to decide how to meet their obligations based on their capabilities and available resources.
Q: What is the significance of the ITLOS ruling?
A: The ruling emphasizes the need for global cooperation and strong measures to address climate change, setting a precedent for future international climate policies.
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