ITLOS

8 posts

‘Relevant Rules’ as Normative Environment: Harmony vs Cacophony in the ITLOS Advisory Opinion on Climate Change

On 21 May 2024, the International Tribunal for the Law of the Sea (ITLOS) delivered its much anticipated Advisory Opinion on Climate Change. Other blog-posts have already dealt with various aspects of the Advisory Opinion (see, for instance, here and here), including the Tribunal’s approach to interpreting the United Nations […]

More than a Sink: The ITLOS Advisory Opinion on Climate Change and State Responsibility

The oceans absorb large quantities of the carbon dioxide emitted by human activities. This “sink” function is so significant that, until 1957, one objection to a causal link between anthropogenic emissions and global warming was that the oceans would absorb most of the excess CO2, thus breaking this link. That […]

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 […]

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 […]