{"id":322796,"date":"2024-05-23T15:00:55","date_gmt":"2024-05-23T09:30:55","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=322796"},"modified":"2024-05-23T14:37:37","modified_gmt":"2024-05-23T09:07:37","slug":"climate-change-international-obligations-state-parties-under-unclos-itlos-legal-news","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2024\/05\/23\/climate-change-international-obligations-state-parties-under-unclos-itlos-legal-news\/","title":{"rendered":"[Climate Change] | ITLOS issues unanimous Advisory Opinion on specific obligations of State Parties under United Nations Convention on the Law of the Sea (\u2018UNCLOS\u2019)"},"content":{"rendered":"
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International Tribunal for the Law of the Sea (ITLOS):<\/span> In a significant development considering the dangers of climate change, the ITLOS (“Tribunal”) delivered a unanimous advisory opinion on the Request submitted to the Tribunal by the Commission of Small Island States on Climate Change and International Law (“COSIS”). The Tribunal unanimously held that it has jurisdiction to give the advisory opinion requested by COSIS and unanimously decided to respond to the request. The unanimous Advisory Opinion was delivered by Albert J. Hoffman, President<\/span>.<\/p>\n

COSIS’ Request:<\/span><\/span> The phenomenon of climate change was the central issue to the COSIS’ Request. On 12-12-2022, the COSIS submitted a request to the Tribunal for an advisory opinion on the specific obligations of State Parties under United Nations Convention on the Law of the Sea (‘UNCLOS’), including under Part XII.<\/p>\n

The Tribunal held 18 public sittings in September 2023 wherein it heard the oral statements from the Commission and State Parties including India*<\/span>.<\/p>\n

Tribunal’s Assessment on ITLOS’ Jurisdiction and Discretion:<\/span> The Tribunal pointed out that its jurisdiction to render an advisory opinion is based on Article 21 of ITLOS’ Statute. It was further noted that COSIS Agreement confers jurisdiction on ITLOS to issue Advisory Opinions.<\/p>\n

The Tribunal noted that Article 21 of the Statute lays down that the jurisdiction of the Tribunal extends to “all matters specifically provided for in any other agreement which confers jurisdiction on the Tribunal<\/span>.” The Tribunal pointed out that the questions need not necessarily be limited to the interpretation or application of any specific provision of the COSIS Agreement. It is enough if the questions have a “sufficient connection” with the purpose of the COSIS Agreement.<\/p>\n

Vis-a-vis ITLOS’ discretionary power in the instant matter, the Tribunal opined that the questions raised by COSIS are clear and specific enough for the Tribunal to give an advisory opinion. The Tribunal further found that the Request was compatible with its judicial functions, as it was called upon to clarify and provide guidance concerning the specific obligations of State Parties to the Convention by interpreting and applying the provisions of the Convention, in particular the provisions of Part XII, and other relevant rules of international law.<\/p>\n

Questions and Replies by Tribunal:<\/span> COSIS put forth its Request containing the following questions-<\/p>\n

What are the specific obligations of State Parties under UNCLOS Convention, including under Part XII:<\/p>\n

Question (a):<\/span> 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?<\/span><\/p>\n

Replies:<\/p>\n