The International Tribunal for the Law of the Sea and the request for an advisory opinion on climate change and its effects: potential challenges and opportunities

Resumo

On 12 December 2022, the Commission of Small Island States on Climate Change and International Law submitted a request for an Advisory Opinion to the International Tribunal for the Law of the Sea (ITLOS). The Commission asked the ITLOS to clarify what are the obligations of States Parties to the United Nations Convention on the Law of the Sea (UNCLOS) concerning pollution, as well as to preserve the marine environment, in relation to the effects of climate change. With this advisory opinion come challenges, yet some opportunities. The ITLOS will likely need to establish its jurisdictional basis to receive advisory opinions, as well as interpretational issues concerning the application of other rules of international law not incompatible with the UNCLOS. Yet, the advisory opinion presents opportunities to bring climate change issues closer to the Tribunal.