The UNCLOS as a legal living instrument to combat climate change and its deleterious effects: the specific obligations of State Parties according to the interpretation of ITLOS

Abstract

This contribution analyses the advisory opinion rendered by the International Tribunal for the Law of the Sea on 21 May 2024. Accordingly, the contribution summarizes the background of the advisory proceedings considering the legal nature of the Commission of Small Island States on Climate Change and International Law. This required the advisory opinion to the Tribunal about the specific obligations of the States Parties to the United Nations Convention on the Law of the Sea to prevent, reduce and control pollution of the marine environment and to protect and preserve the marine environment in relation to climate change impacts. In this sense, the contribution highlights the acknowledgement by the Tribunal of its jurisdiction to answer the request following its previous jurisprudence. Moreover, this paper studies the specific obligations on climate change of UNCLOS States Parties declared by ITLOS. According to the Tribunal and in addition to other important specific obligations, States Parties have specific due diligence obligations to take all necessary measures to prevent, reduce, and control marine pollution resulting from such emissions, taking into account the goal of limiting the temperature increase to 1.5°C above pre-industrial levels, and to ensure that anthropogenic greenhouse gas emissions under their jurisdiction or control do not cause harm to other States or their environments. In short, this paper concludes the interesting contribution made by the Tribunal making clear the specific obligations of UNCLOS States Parties on climate change, which is in line with the valuable jurisprudence of ITLOS along its nearly 30 years of existence