Historic decision delivered May 21st
In its historic advisory opinion on climate change, the International Tribunal on the Law of the Sea held unanimously that States have specific obligations under UNCLOS to protect the marine environment against the impacts of climate change.
Importantly, all anthropogenic greenhouse gas emissions are considered “pollution” under UNCLOS (including those from land-based sources).
Article 194 on contains the due diligence obligation to adopt all necessary measures to prevent, reduce and control such pollution.
The standard of due diligence is stringent, given the high risks of serious and irreversible harm to the marine environment from such emissions. It is informed by international standards, in particular those in the Paris Agreement. However, the implementation of the obligation of due diligence may vary according to States' capabilities and available resources.
About the advisory opinion
The first of three highly anticipated climate change Advisory Opinions from international courts has ben delivered by the International Tribunal on the Law of the Sea (ITLOS) on 21 May 2024 at noon.
The advisory opinion is in response to a request from Small Island States for the Tribunal to clarify the legal obligations under the UN Convention on the Law of the Sea of states to protect the marine environment from climate impacts.
The process was highly participatory, with more than 50 states and international organisations, including Norway, the EU, UNEP and IUCN, making submissions through written comments or oral arguments.
The advisory opinion by ITLOS could have strong implications for states to mitigate their marine climate impacts through reducing greenhouse gas emissions, and could be a useful tool for domestic actors, including courts and civil society organisations.
Programme
08:30 - 09:00: Arrival with coffee and light refreshments
09:00: Welcome by moderator Heidi Sydnes Egeland (PhD fellow at UiO)
09:05-09:20: Professor Christina Voigt (Professor of Law, UiO and lead legal counsel for IUCN)
introduction to the Advisory Opinion
09:20-09:55: Panel discussion – first reactions and contextualizing the opinion within recent and coming climate cases:
- Christina Voigt (Professor at UiO)
- Geir Ulfstein (Professor Emeritus UiO) (online)
- Ane Sydnes Egeland (PhD Fellow UiO)
- Bas Klerk (PhD fellow UiT and legal counsel for IUCN)
09:55-10:00: Concluding remarks by Heidi Sydnes Egeland
Practical information
This event will take place in a hybrid format. Both online and in person attendance is possible.
We kindly ask that participants register in advance. When registering, please indicate whether you intend to attend online or in person. If you wish to attend online, a zoom link will be shared with you prior to the event.
The event will be held in English.