Island States Turn to Law of the Sea for Climate Protection

• Tuvalu and Antigua and Barbuda Prime Ministers seek climate change opinion at Law of the Sea Tribunal.
• Tribunal to decide if ocean-absorbed carbon emissions are marine pollution.
• Advisory opinion, not legally binding, could guide climate protection policies.

At an international court located in Hamburg, Germany, two small island nation Prime Ministers, Kausea Natano of Tuvalu and Gaston Browne of Antigua and Barbuda, are set to participate in legal hearings.

They will be seeking an advisory opinion regarding the responsibilities of countries in addressing climate change, particularly in the context of ongoing impacts from rising sea levels.

Their appearance will take place at the International Tribunal for the Law of the Sea, where the primary focus will be on determining whether carbon emissions that are absorbed by the ocean should be categorized as marine pollution.

Additionally, the tribunal will explore the extent of obligations that nations hold in safeguarding the marine environment.

It’s worth noting that the advisory opinion issued by the tribunal, while not legally binding, carries significant weight as it provides an authoritative statement on legal matters.

This statement could serve as guidance for countries as they develop legislation and policies related to climate protection.

Representing the Commission of Small Island States on Climate Change and International Law (COSIS), the prime ministers will put forth the argument that countries are bound by an obligation to protect the marine environment, including taking measures to address greenhouse gas emissions, as stipulated under the UN Convention on the Law of the Sea.

Excessive carbon emissions have adverse consequences for the world’s oceans, including issues like coral bleaching and acidification.

Furthermore, low-lying island nations such as Tuvalu and Vanuatu are facing the alarming prospect of potential submersion by the end of the century due to the gradual impacts of climate change.

Small island countries have also pursued legal avenues to clarify the climate-related responsibilities of nations in various courts.

Vanuatu, for example, led an initiative to petition the International Court of Justice (ICJ) for an advisory opinion regarding the obligations of countries in addressing climate change.

In March, the United Nations General Assembly voted to refer this case to the ICJ, which is expected to issue its opinion on the matter in 2024.