HAMBURG, Germany, May 21, 2024 — Today, the International Tribunal for the Law of the Sea (ITLOS) issued a historic Advisory Opinion clarifying countries’ obligations to protect oceans from climate change.
In the first-ever climate advisory opinion from an international court, ITLOS clearly stated that greenhouse gas emissions pollute the marine environment and States must take all necessary measures to prevent, reduce, and control them.
This process was initiated by a request for an advisory opinion submitted by the Commission of Small Island States on Climate Change and International Law (COSIS), which comprises nine small island States.
Center for International Environmental Law (CIEL) Senior Attorney Joie Chowdhury issued the following statement in Hamburg, Germany:
“For the first time, an international court has recognized that the fates of two global commons — the oceans and the atmosphere — are intertwined and imperiled by the climate crisis. Today’s historic climate Advisory Opinion by the International Tribunal for the Law of the Sea unequivocally affirms that States have clear and specific obligations under international law to act urgently, ambitiously, and equitably to protect our precious oceans from the drivers and impacts of climate change. The Tribunal emphasized that States must take all necessary measures to prevent, reduce, and control marine pollution from greenhouse gas emissions, in line with the best available science. Oceans sustain life and play a crucial role in climate mitigation and adaptation. The Tribunal’s unambiguous guidance to protect and preserve oceans from climate impacts speaks to climate justice, human rights, and to our very survival.”
CIEL’s Climate & Energy Program Director Nikki Reisch issued the following statement:
“The Tribunal’s opinion leaves no doubt: States are duty-bound to protect the oceans from the drivers and impacts of climate change. To those that would hide behind the weaknesses of international climate treaties, this opinion makes clear that compliance with the Paris Agreement alone is not enough. Pledges and promises at annual climate conferences do not satisfy States’ legal duties to take all necessary measures to prevent, reduce, and control the greenhouse gas emissions polluting the marine environment, in line with climate science and the goal of limiting warming to 1.5°C. We know that doing so requires rapidly phasing out all fossil fuels. States that fail to comply face legal responsibility. Protecting the global commons of the oceans and atmosphere is a matter of life and death — not just for entire marine ecosystems and the coastal and island communities most directly dependent on them and at greatest risk from climate change, but for all of humanity and the planet as a whole.”
CIEL Senior Attorney Upasana Khatri issued the following statement:
“Given the severity of climate harm to the oceans and the grave risks posed by temperature rise above 1.5°C, the Tribunal made clear that States have to meet a higher bar to fulfill their duties to prevent transboundary harm and protect the marine environment. And mere participation in global efforts alone doesn’t satisfy that stringent standard. Instead, States must take necessary and effective action, utilizing the resources at their disposal, to mitigate emissions from all activities under their jurisdiction or control carried out both by public and private actors — reinforcing the importance of corporate accountability.”
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