The International Tribunal for the Law of the Sea is an independent judicial body established by the UN Convention on the Law of the Sea. The tribunal has jurisdiction over any dispute concerning the interpretation or application of the convention and certain legal questions requested of it. The answers to these questions are known as advisory opinions. Advisory opinions are not legally binding, they are authoritative statements on legal matters. They provide guidance to states and international organisations about the implementation of international law.

Late last year, the newly established Commission of Small Island States on Climate Change and International Law submitted a request for advice to the tribunal. It concerns the obligations of states to address climate change, including impacts on the marine environment. The tribunal received more than 50 written submissions from states and organisations offering opinions on how it should respond. These submissions, from Australia and New Zealand among others, were recently made public.

The question to the tribunal asks, what are the specific obligations of states:

(a) to prevent, reduce and control pollution of the marine environment in relation to the deleterious effects that result or are likely to result from climate change, including through ocean warming and sea level rise, and ocean acidification, which are caused by anthropogenic greenhouse gas emissions into the atmosphere?

(b) to protect and preserve the marine environment in relation to climate change impacts, including ocean warming and sea level rise, and ocean acidification?

The question refers explicitly to the part of the convention entitled “Protection and Preservation of the Marine Environment”. This part sets out the general obligation of states to protect and preserve the marine environment, as well as measures to “prevent, reduce and control pollution”. It also tells states they must not transfer damage or hazards, or transform one type of pollution into another.

To read an article giving an overview click here.

To access papers relating to the case click here.

The hearing will open on the 11^th September, 2023.