Principle of Common but Differentiated Responsibilities and Respective Capabilities in the ITLOS Advisory Opinion on Climate Change: A Critical Assessment

Abstract On 21 May 2024, the International Tribunal for the Law of the Sea ( ITLOS ), in its long-awaited Advisory Opinion, addressed environmental obligations concerning climate change under the UN Convention on the Law of the Sea ( UNCLOS ). Given that the principle of common but differentiated responsibilities and respective capabilities ( CBDRRC ) forms the basis for the interpretation of environmental norms concerning climate change, it can be considered that this principle can affect the interpretation of environmental norms relevant to climate change under UNCLOS . Thus, this article examines the legal consequences of the principle of CBDRRC in the interpretation or application of the environmental norms under UNCLOS articulated by the ITLOS Advisory Opinion on Climate Change. Specifically, the article discusses (1) the legal implications of the principle of CBDRRC for an obligation of due diligence, (2) the interrelationship between the principle of CBDRRC and the precautionary approach, and (3) the interrelationship between the principle of CBDRRC and technical assistance to developing States under UNCLOS .