International Tribunal for the Law of the Sea
First Advisory Opinion clarifying state obligations to protect and preserve the marine environment, and to prevent pollution and degradation of marine ecosystems due to climate change
CIEL and ClientEarth with the support of PISFCC and WYCJ publish key takeaways from the ITLOS Advisory Opinion
The key takeaways are to be taken into consideration in the ongoing advisory proceedings before the International Court of Justice.
Last month, the International Tribunal for the Law of the Sea (ITLOS) issued its landmark Advisory Opinion (AO) on the protection of the marine environment from pollution caused by climate change. The Opinion is a groundbreaking first in international law — clarifying the legal obligations of States to address climate change as a crisis at the intersection of two critical global commons: the ocean and the atmosphere. ITLOS clearly stated that greenhouse gas emissions pollute the marine environment and States must take all necessary measures to prevent, reduce, and control them.
This opinion is the first of three international advisory opinion processes on States’ responsibilities to confront the climate crisis. This opinion sets the floor — not the ceiling — for future decisions on climate and international legal duties; as the first advisory opinion, the ITLOS Opinion has the potential to shape the forthcoming ones as well.
In light of the above, today, together with the Center for International Environmental Law (CIEL), ClientEarth, and the Pacific Islands Students Fighting Climate Change (PISFCC) we published key takeaways from the ITLOS AO, which could - and should - be taken into consideration in the climate advisory proceeding before the International Court of Justice.
The ITLOS Advisory Opinion on Climate Change and the Law of the Sea: Impacts on Youth Climate Justice, International Law, and Human Rights
The International Tribunal for the Law of the Sea (ITLOS) has issued a groundbreaking Advisory Opinion on marine environment protection from climate change pollution. This clarifies States' legal obligations at the intersection of global commons — the ocean and atmosphere. ITLOS affirmed that greenhouse gas emissions harm the marine environment, requiring States to take necessary measures to prevent, reduce, and control them.
World’s Youth for Climate Justice and One Ocean Hub hosted a webinar on 17 July to discuss ITLOS' climate emergency opinion and its implications for youth climate justice, international law, and human rights, particularly in light of anticipated advisory opinions from the IACtHR and ICJ.
Breaking news for Advisory Opinion on the protection of our marine environment
The International Tribunal for the Law of the Sea (ITLOS) has delivered its Advisory Opinion on the request submitted by the Commission of Small Island States on Climate Change and International Law.
On 12 December 2022, the Commission of Small Island States on Climate Change and International Law submitted a request to the International Tribunal for the Law of the Sea (ITLOS), to clarify State obligations under the UN Convention on the law of the sea to prevent, reduce and control pollution to the marine environment resulting from climate change.
WYCJ is present at the ITLOS hearings to ensure civil society engagement with the first climate AO.
Further resources
Interested to learn more about ITLOS, their advisory jurisdiction and the potential for climate justice?
Blogpost (Symposium at National University of Singapore) by Lianne Baars and Zoe Nay ‘Intergenerational Climate Justice under the Law of the Sea: The ITLOS Advisory Opinion Request by the Commission of Small Island States’ (02 August 2023). Available here.
Article (The International Journal of Marine and Coastal Law) by Lianne Baars ‘The Saluece of Salt Water: An ITLOS Advisory Opinion at the Ocean-Climate Nexus’ (29 June 2023). Available here.
Blogpost (American Society of International Law) by Donald R. Rothwell ‘Climate Change, Small Island States, and the Law of the Sea: The ITLOS Advisory Opinion Request’ (12 May 2023). Available here.
Blogpost (Sabin Center Blog) by Armando Rocha (12 April 2023). Available here.
Event Report (BIICL) ‘Promoting Climate Justice through International Law: Climate Litigation & Climate Advisory Opinions’ (1 February 2023). Available here.
Article (RECIEL) by Rozemarijn J. Roland Holst from Durham University Law School ‘Taking the current when it services: Prospect and challenges for an ITLOS advisory opinion on oceans and climate change’ (20 July 2022). Available here.
Blogpost (Opinion Juris) by Carlos Antonio Cruz Carillo (21 July 2021). Available here.
Webinars
IUCN WCEL, ‘Advisory Opinions on Climate Change: initiatives, expectations and possibilities’
Sabin Center, ‘Advisory Opinions on Climate Change: An Overview of a Quartet of Simultaneous Requests’
The Ocean Hub, ‘Clarifying States’ duties to protect the ocean from climate change impacts, through a human rights' lens’