Advisory Opinion

20 posts

Navigating the Intersection of Climate Change and the Law of the Sea: Exploring the ITLOS Advisory Opinion’s Substantive Content

The advisory opinion request to the International Tribunal for the Law of the Sea (ITLOS) on State Parties’ obligations under the United Nations Convention on the Law of the Sea (UNCLOS, Convention) to prevent, reduce, and control pollution of the marine environment from climate change, and to protect and preserve […]

The Advisory Jurisdiction of the ITLOS in the Request Submitted by the Commission of Small Island States

On December 12, 2022, the Commission of Small Island States on Climate Change and International Law (COSIS) requested the International Tribunal for the Law of the Sea (ITLOS) issue an advisory opinion on the State Parties’ obligations under the United Nations Convention on the Law of the Sea (UNCLOS) to […]

The ICJ’s Advisory Opinion on Climate Change: What Happens Now?

  Climate change litigation has finally reached the world’s highest court. On March 29, 2023, the United Nations General Assembly (UNGA) adopted a resolution requesting an advisory opinion from the International Court of Justice (ICJ) on the obligations of States with respect to climate change. The UNGA adopted resolution (A/77/L.58) […]

A Request for an Advisory Opinion at the Inter-American Court of Human Rights: Initial Reactions

On January 9, 2023, the Foreign Ministers of Chile and Colombia requested an advisory opinion from the Inter-American Court of Human Rights (IACtHR) on the scope of state obligations for responding to the climate emergency under the frame of international human rights law and, specifically, under the American Convention on […]