In a landmark and historic ruling, the International Tribunal for the Law of the Sea (ITLOS) has issued a long-awaited advisory opinion on the responsibility of states to tackle climate change, OceanCare highlights.
The judges of the Hamburg-based court ruled unequivocally that under international law, carbon – and other greenhouse gas – emissions absorbed by the Ocean must be considered marine pollution, and that nations have an obligation to protect and preserve the marine environment. The ruling was sought by a group of small island nations whose very existence is threatened by rising sea-levels caused by climate change.
The Tribunal’s position was both unanimous and unequivocal – anthropogenic greenhouse gas emissions constitute marine pollution under the United Nations Convention on the Law of the Sea (UNCLOS). As a result, states have an obligation to take all necessary measures to prevent, reduce and control those emissions that cause climate change and hence the warming and acidification of the oceans.
…commenting on the ruling, OceanCare’s senior marine and climate scientist, Dr James Kerry said.
Finally, the Tribunal highlighted the obligation of states to restore ecosystems as part of their UNCLOS commitments to preserve the marine environment. Such restoration must be based on the best available science and centred upon the ecosystem itself. OceanCare would like to see greater ambition from the international community in this regard, but notes that, as always, prevention is better than cure.
.. Dr James Kerry added.
The advisory opinion itself is not a legally binding instrument. However, by interpreting existing international law, it serves as a clear directive to governments around the world and might form a basis for future litigation – meaning, for example, that states already facing major risks could sue other countries for inaction on climate change.
