Could the law of the sea be used to protect small island states from climate change?
Climate change will wreak havoc on small island developing states in the Pacific and elsewhere.
- Climate change will wreak havoc on small island developing states in the Pacific and elsewhere.
- So island states are asking whether obligations to address climate change might be contained in the United Nations Convention on the Law of the Sea.
- It is possible small island states could one day be compensated for the damage done.
- Read more:
COP26 failed to address ocean acidification, but the law of the seas means states must protect the world's oceans
Why seek an advisory opinion?
- The answers to these questions are known as advisory opinions.
- Advisory opinions are not legally binding, they are authoritative statements on legal matters.
- The tribunal has delivered two advisory opinions in the past: on deep seabed mining and illegal, unreported and unregulated fishing activities.
- One avenue to achieve this is through an advisory opinion from the tribunal.
The question before the tribunal
- (b) to protect and preserve the marine environment in relation to climate change impacts, including ocean warming and sea level rise, and ocean acidification?
- That provides clues as to which sections of the treaty the tribunal will refer to in its opinion.
- The question refers explicitly to the part of the convention entitled “Protection and Preservation of the Marine Environment”.
What if states do not meet their obligations?
- And if so, in what ways does the convention require that they be addressed by states?
- What the commission’s question does not ask is, what happens when states do not meet their obligations?
- Sustained pressure from small island states is advancing our understanding of the obligations of states to address climate change.
- Read more:
The UN is asking the International Court of Justice for its opinion on states' climate obligations.