The International Tribunal for the Law of the Sea advises countries are legally required to reduce greenhouse gas emissions

The International Tribunal for the Law of the Sea advises countries are legally required to reduce greenhouse gas emissions

The International Tribunal for the Law of the Sea (ITLOS) defined greenhouse gas (GHG) emissions as a form of marine pollution under the UN Convention on the Law of the Sea in a landmark advisory opinion released Tuesday.

The opinion, a response to inquiries by Antigua, Barbuda, Tuvalu, and the Commission of Small Island States on Climate Change (COSIS), asserts that nations are legally bound to curb emissions to safeguard the marine environment.

ITLOS emphasized the imperative to limit global temperature rise to no more than 1.5 degrees celsius, stressing that this responsibility extends beyond mere adherence to the Paris Climate Accords. Louise Fournier, Legal Counsel for Climate Justice and Liability at Greenpeace International, hailed the opinion as a pivotal moment in international environmental law highlighting the “existential threat to human rights” posed by climate change.

Small island states, disproportionately affected by climate change despite minimal contribution to it, spearheaded the call for legal clarity on state obligations. COSIS, formed in 2021, brought forward the query to the Hamburg-based tribunal, seeking to delineate nations’ duties under international law to safeguard marine ecosystems.

The ITLOS advisory opinion amplifies the call for enhanced climate action, urging further action than that of the Paris Agreement. It draws attention to the necessity for nations, particularly those historically responsible for climate change, to adopt more rigorous emission reduction measures and recognizes that climate commitments may need to be enforced. Laura Meller of Greenpeace Nordic emphasized that the protection of oceans is paramount for global sustainability, stressing the need for concerted efforts to mitigate climate impacts.

Moreover, the opinion’s implications reverberate beyond legal circles, extending to global climate policy and corporate practices. Lea Main-Klingst, a lawyer at ClientEarth, emphasized that the opinion could propel nations with major carbon footprints to bolster their climate commitments.

Though the opinion is not legally binding, it may impact international and domestic law on climate change, as 169 countries are party to the UN Convention.

This advisory opinion from ITLOS joins a chorus of legal efforts worldwide to confront the climate crisis head-on. From the European Court of Human Rights to the Inter-American Court of Human Rights, legal bodies are increasingly called upon to clarify state obligations in mitigating climate change. The Council of Europe’s 46 member states were found to have a legal obligation to protect citizens from the adverse effects of the climate crisis back in April.

As the impacts of climate change intensify, courts worldwide are expected to consider advisory opinions as guiding principles in shaping climate jurisprudence.

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