Small Island States Win at Tribunal for Law of the Sea

Yesterday, small island states achieved a significant climate victory at the International Tribunal for the Law of the Sea (ITLOS), often considered the world court for ocean-related issues.

The opinion clarifies states' obligations under the United Nations Convention on the Law of the Sea (UNCLOS) concerning the impacts of human-induced climate change on the marine environment.

Judges at ITLOS issued an advisory opinion addressing whether countries have legal responsibilities to reduce greenhouse gas emissions. This marks the first time an international court has provided an advisory opinion related to climate change and oceans.

The tribunal determined that the 169 state parties to the convention are obligated to prevent, reduce, and control marine pollution from anthropogenic GHG emissions. Additionally, it emphasized that vulnerable states must be supported in their efforts to protect and preserve the marine environment where it has been degraded, including through financial assistance.

This advisory opinion comes as the International Maritime Organization is negotiating crucial climate measures to achieve its revised strategy goals in a just and equitable manner, including a fuel standard and a greenhouse gas levy. The opinion is expected to advance climate negotiations and actions.

David Kay, legal director at NGO Opportunity Green, described the verdict as a "seminal moment."

"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," Kay said.