Berlin: The International Tribunal for the Law of the Sea announced Monday that small island states have requested an opinion on the relationship between efforts to combat climate change and a key UN treaty governing maritime activities. This opinion may have important legal implications.
The Small Island States Commission on Climate Change and International Law asked the United Nations Tribunal, which has its headquarters in Hamburg, to provide an advisory opinion on the United Nations Convention on the Law of the Sea.
In particular, the Commission wants the U.N. The court should state what obligations the treaty has with respect to protecting the marine environment from the effects of climate change caused by human activity and from ocean warming and sea-level rise.
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The commission is supported by the Caribbean nation of Antigua and Barbuda and the Pacific island nation of Tuvalu. Small island states are among the countries most susceptible to the effects of climate change. The tribunal announced that the request has been added to the list of matters.
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While it is unclear whether an advisory opinion will be issued, if the tribunal provides legal advice on the subject of climate change to the 168 parties to the treaty, it could lead to additional litigation.
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The United Nations Convention on the Law of the Sea has so far been ratified by 168 countries, including China, India, Russia and the European Union. The world's largest historical emitter of greenhouse gases, the United States, is not a party.