ITLOS Advisory Opinion on Climate Change and the Law of the Sea: Perspectives from the World’s Youth

Tomorrow the International Tribunal for the Law of the Sea (ITLOS) will deliver its Advisory Opinion to clarify the obligations of States under the UN Convention on the Law of the Sea to prevent, reduce and control pollution to the marine environment resulting from climate change. This is a major milestone in the journey towards the harmonisation of international law relating to the protection of our oceans.

Background

The ITLOS Advisory Opinion (AO) has been requested by the Commission of Small Island States (COSIS). This alliance of states consists of Small Islands Developing States (SIDS) from the Caribbean and the Pacific. The legal question submitted by COSIS asks the court to clarify the specific obligations that states have under the UN Convention on the Law of the Sea (UNCLOS). According to COSIS, the basis for this AO can be found in articles 192 & 194(1) of the UNCLOS convention. The convention sets out in these articles its aim to protect the marine environment from all forms of pollution.

The World’s Youth and the Law of the Sea

Last year, a team of WYCJ campaigners closely followed the oral hearings at the International Tribunal for the Law of the Sea for the Advisory Opinion on climate change. Located in the maritime city of Hamburg - in the North of Germany - the Tribunal is an international court with UN state parties. Its mandate is narrower than the International Court of Justice, as ITLOS aims to “guard the constitution of the ocean”. The ‘constitution of the ocean’ is the UN Convention on the Law of the Sea (UNCLOS), which includes over 160 State parties. The United States, Turkey, and other major polluters are not State parties to UNCLOS and therefore do not recognise the jurisdiction of the Tribunal’s rulings or its Advisory Opinions.

The WYCJ team attended the AO hearings to represent the global youth and analyse the legal arguments presented by the participating States. Our campaigners distributed copies of our Youth Climate Justice Handbook to State representatives and their delegations. WYCJ received an honourable mention by the State representative that spoke on behalf of Guatemala. We were especially honoured as H.E. Lesther Antonio Ortega Lemus applauded and recognised our work and efforts for the ICJ AO on climate change. 

Naima Te Maile Fifita, a Tuvaluan environmental lawyer, was one of the remarkable youth voices that spoke during the proceedings. She highlighted the importance of the AO proceedings for the people of Small Island Developing States. Her words and presence paved the way for the inclusion of youth voices in these proceedings.  

Pending Climate Advisory Opinions

As the ITLOS AO on climate change will be the first Advisory Opinion on climate change that will be delivered by an international court, the proceedings at the Tribunal functioned as a great learning opportunity for the ICJ AO. Namely, the outcome of the ITLOS AO could influence the other pending AO’s at the ICJ and the Inter-American Court of Human Rights (IACtHR). Several of the repsresentatives that provided arguments on behalf of COSIS highlighted this fact and explained to the judges on the bench that, based on provisions provided in UNCLOS, the Tribunal has not only the jurisdiction, but also the duty to render this AO on climate change. 

We, the world’s youth, hope that the contents of the ITLOS AO will demand states to protect the marine environment and mitigate the severe consequences of climate change in line with the Paris Agreement.