Advisory Opinion

22 posts

Finding Light in Dark Places: Specific Obligations for Climate Change and Ocean Acidification Mitigation

  Can the new advisory opinion interpreting the United Nations Convention on the Law of the Sea (UNCLOS) move us beyond the lethargy of unmet climate change policy needs? The International Tribunal for the Law of the Sea (the Tribunal, ITLOS) established the gravity of this question by stating that […]

ITLOS and the importance of (getting) external rules (right) in interpreting UNCLOS

The Advisory Opinion handed down by the International Tribunal for the Law of the Sea (ITLOS) on 21 May 2024 is truly remarkable. Its clarification that all anthropogenic greenhouse gas (GHGs) emissions, from any source, constitute marine pollution has potentially far-reaching consequences. Under the United Nations Convention of the Law […]

A Small but Important Step: A Bird’s-Eye View of the ITLOS’ Advisory Opinion on Climate Change and International Law

Introduction ‘Historic’ and ‘unprecedented’ are two adjectives that could easily apply to the advisory opinion rendered by the International Tribunal for the Law of the Sea (ITLOS) on May 21, 2024. Of course, these adjectives have also been used to describe many other recent judgments delivered on the topic of […]

The ITLOS Advisory Opinion and Marine Geoengineering: More Questions, Few Answers

On May 21, 2024, the International Tribunal for the Law of the Sea (ITLOS) released its long-awaited advisory opinion on climate change. The opinion was requested in 2022 by the Commission of Small Island States on Climate Change and International Law, which asked ITLOS to opine on States’ obligations to […]

Unlocking UNCLOS: How the ITLOS Advisory Opinion Delivers a Holistic Vision of Climate-relevant International Law

A long-standing conundrum of international environmental law is that the territorially-based, sectoral legal structures we have created to address environmental issues do not match the interconnected, interdependent nature of ecosystems. For many, this problem is writ large in the climate context. Whereas the science—synthesized in recent  assessments and special reports […]

The ITLOS Advisory Opinion on Climate Change: An introduction into the joint blog symposium

On May 21, 2024, the International Tribunal for the Law of the Sea (ITLOS) delivered a long-awaited Advisory Opinion on climate change and international law. This marks the first time that an international tribunal has issued an advisory opinion on State obligations regarding climate change mitigation. The Advisory Opinion addresses […]

Exploring the Intersection of Human Rights and the Climate Crisis: Insights from new “Advisory Opinion on Climate Change” Report

Today, the Sabin Center for Climate Change Law published a new report titled Advisory Opinion On Climate Change: Summary of Written Observations Submitted to the Inter-American Court of Human Rights (Part 1). Faced with an escalating climate emergency, the global community is increasingly turning to international courts and tribunals for guidance on addressing […]

Sabin Center for Climate Change Law Submits Amicus Brief on Climate and Human Rights to Inter-American Court

Sabin Center for Climate Change Law Submits Amicus Brief on Climate and Human Rights to Inter-American Court On Friday, November 3, 2023, the Sabin Center submitted an amicus curiae brief to the Inter-American Court of Human Rights in the matter of the Request for Advisory Opinion on climate law, human […]