JOURNAL ARTICLE
On the request for an advisory opinion on climate change under UNCLOS before the International Tribunal for the Law of the Sea.
Published In: Journal of International Dispute Settlement, 2023, v. 14, n. 3. P. 391 1 of 3
Database: Academic Search Ultimate 2 of 3
Authored By: Feria-Tinta, Monica 3 of 3
Abstract
This article examines the potential role of the International Tribunal for the Law of the Sea (ITLOS) in issuing an Advisory Opinion on climate change under the United Nations Convention on the Law of the Sea (UNCLOS), focusing on the obligations of States to prevent, reduce, and control marine pollution caused by climate change. It analyzes the procedural requirements for triggering ITLOS's advisory jurisdiction, notably through international agreements between States, as exemplified by the Antigua and Barbuda–Tuvalu Agreement requesting such an opinion. The article highlights ITLOS's expertise, procedural advantages, and capacity for broad participation, contrasting advisory opinions with contentious cases, and discusses relevant legal questions concerning the interpretation of UNCLOS provisions on marine environmental protection in the context of climate change impacts like sea-level rise and ocean acidification. It also references recent jurisprudence, including the Torres Strait Islanders case, which recognized State responsibility for climate-related harm, underscoring the significance of clarifying States' duties under international law to address climate change effects on the oceans.
Additional Information
- Source:Journal of International Dispute Settlement. 2023/09, Vol. 14, Issue 3, p391
- Document Type:Article
- Subject Area:Environmental Sciences
- Publication Date:2023
- ISSN:2040-3585
- DOI:10.1093/jnlids/idad012
- Accession Number:171389400
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