International legal challenges and State practice relevant to marine environmental protection obligation in the context of climate change

Abstract Given the unprecedented climate-induced impacts on the marine environment, the conduct-oriented marine environmental protection obligation (MEPO) has become highly inadequate. This article argues for a normative evolution of the obligation in response to the global climate crisis. By examining key advisory opinions of the International Tribunal for the Law of the Sea and the International Court of Justice, this study analyzes the interpretation of the United Nations Convention on the Law of the Sea as a dynamic instrument. Through analysis of recent State practice, it demonstrates a discernible shift toward result-oriented benchmarks informing the MEPO. Ultimately, the article contends that operationalizing the 1.5 °C scientific threshold as an objective benchmark is essential in achieving meaningful marine environmental protection in the face of the climate crisis.