Advisory Opinion on the Request for an Advisory Opinion Submitted by the Comm'n of Small Island States on Climate Change and Int'l Law (I.T.L.O.S.)

On May 21, 2024, the International Tribunal for the Law of the Sea (the Tribunal) delivered a unanimous advisory opinion on the Request submitted to the Tribunal by the Commission of Small Island States on Climate Change and International Law . This was the first advisory opinion on climate change obligations issued by an international judicial body, and the first of three anticipated advisory opinions on climate change obligations from international judicial bodies. The request had been submitted on December 12, 2022 by the Commission of Small Island States on Climate Change and International Law (COSIS). Two questions on obligations of states parties under the United Nations Convention on the Law of the Sea (UNCLOS) were posed in the request: (1) what are the specific obligations to prevent, reduce, and control pollution of the marine environment in relation to the deleterious effects that result, or are likely to result, from climate change and ocean acidification, which are caused by anthropogenic greenhouse gas (GHG) emissions into the atmosphere; and (2) what are the specific obligations to protect and preserve the marine environment in relation to climate change impacts and ocean acidification. A total of 34 states parties to UNCLOS and nine intergovernmental organizations submitted statements, and 33 states parties and four intergovernmental organizations made statements during the oral proceedings.