14/06/2023

On the request for an advisory opinion on climate change under UNCLOS in the International Tribunal for the Law of the Sea

Monica Feria-Tinta has written an article in the latest edition of Oxford University Press’ Journal of International Dispute Settlement, published on 12th June 2023.

The article explores the potential role that the International Tribunal for the Law of the Sea (ITLOS) may have, in its advisory capacity, in tackling the effects of climate change.

Monica comments: “The Intergovernmental Panel on Climate Change (IPCC) – the leading international body for assessment of climate – has acknowledged that the ocean has absorbed more than 93% of the heat generated by anthropogenic global warming since 1971. Excessive heat and energy warming the ocean is leading now to a cascade of melting sea-ice, sea level rise, marine heatwaves, ocean acidification, and deoxygenation.

“The pending Advisory Opinion request, which this article examines, can potentially give clear answers as to the obligations of States in that regard. The answers the Tribunal may provide, which this article explores, are critical for the survival of marine species, the planet and humanity as a whole. The article provides a legal analysis of the procedural aspects to consider at the jurisdictional level and explores substantive aspects in a prospective Advice by ITLOS.”

A Request for an Advisory Opinion on UNCLOS and climate change is currently pending before the Tribunal.

Read the full article (subscription needed).