Strengthening the Legal Framework for the Ocean-Climate Nexus? A Commentary on the ITLOS Advisory Opinion on Climate Change and International Law

Abstract for Scopus Indexing: On May 21, 2024, the International Tribunal for the Law of the Sea issued its historic Advisory Opinion on Climate Change and International Law. The Advisory Opinion was requested by the Commission of Small Island States on Climate Change and International Law, one of several initiatives by States frustrated by the slow pace of climate change negotiations, the ambition gap in climate action, and the inequitable distribution of risks. The Tribunal was asked to clarify the specific obligations of State Parties under the United Nations Convention on the Law of the Sea to prevent, reduce and control anthropogenic greenhouse gas emissions causing deleterious effects on the marine environment, and the specific obligations to protect and preserve the marine environment from climate change impacts and ocean acidification. The Advisory Opinion reaffirms the complementary but independent role of the law of the sea in addressing climate change, foregrounding an overlooked space for diplomatic and legal action. This article critically analyzes the Advisory Opinion, highlighting its contribution to the strengthening of the international legal framework governing the ocean-climate nexus and the missed opportunities to clarify the content of obligations to protect the marine environment from an ecological, economic, social and existential threat.