ITLOS Advisory Opinion on Climate Harm and the Marine Environment: a Summary

ITLOS Advisory Opinion on Climate Harm and the Marine Environment: a Summary  Open Society Justice Initiative

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May 30, 2024 - 11:00
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ITLOS Advisory Opinion on Climate Harm and the Marine Environment: a Summary

ITLOS Advisory Opinion on Climate Harm and the Marine Environment: a Summary

International Tribunal for the Law of the Sea Issues Landmark Climate Change Advisory Opinion

Overview of ITLOS Advisory Opinion

On May 21, 2024, the International Tribunal for the Law of the Sea (ITLOS) provided a groundbreaking advisory opinion on state obligations regarding climate change, particularly relating to the protection of the marine environment. This opinion is a significant step towards reinforcing international climate commitments and promoting actions aligned with the Sustainable Development Goals (SDGs).

ITLOS’s Key Findings

  1. Anthropogenic Greenhouse Gases as Marine Pollution: ITLOS unanimously ruled that greenhouse gas emissions are a form of marine pollution, as defined by Article 1(1)(4) of UNCLOS, which includes ocean warming, sea level rise, acidification, and deoxygenation.
  2. State Obligations to Control GHG Emissions: Under Article 194(1) of UNCLOS, states must take all necessary measures to prevent, reduce, and control marine pollution from GHG emissions. The Tribunal emphasized the application of the precautionary approach and due diligence in this context.
  3. Transboundary Pollution: Article 194(2) of UNCLOS places specific obligations on states to prevent activities within their jurisdiction from causing pollution damage to other states or spreading beyond national jurisdiction.
  4. Duty to Cooperate: ITLOS highlighted the duty of states to cooperate in controlling pollution from GHG emissions, as mandated by several articles within UNCLOS.

Special Obligations to Protect and Preserve the Marine Environment

  • Article 192 of UNCLOS imposes a general obligation on states to protect and preserve the marine environment, including taking mitigation measures against climate change impacts.
  • Article 194(5) requires states to adopt measures to protect rare or fragile ecosystems and the habitat of endangered marine species from climate change impacts.
  • Other provisions of UNCLOS mandate conservation and management of living resources, cooperation in conserving marine resources threatened by climate change, and prevention of non-indigenous species introduction due to climate change and ocean acidification.

Background on ITLOS and the COSIS Initiative

ITLOS is an international court established under UNCLOS to adjudicate maritime disputes. The Commission of Small Island States on Climate Change and International Law (COSIS) is an organization advocating for the enforcement of state obligations to protect the marine environment from climate change.

The Advisory Opinion Request by COSIS

In December 2022, COSIS requested an advisory opinion from ITLOS on state obligations under UNCLOS concerning greenhouse gas emissions and their impact on the marine environment. This request was supported by submissions from various states and international organizations.

Role of the Justice Initiative

The Open Society Justice Initiative supported submissions from the Republic of Mozambique and Republic of Sierra Leone, emphasizing the need for states to take necessary measures to limit global temperature increases in line with scientific evidence.

This advisory opinion by ITLOS marks a pivotal moment in international law, reinforcing the need for urgent action to address climate change in alignment with SDGs, particularly Goal 13 (Climate Action), Goal 14 (Life Below Water), and Goal 17 (Partnerships for the Goals).

SDGs Addressed in the Article

1. Which SDGs are addressed or connected to the issues highlighted in the article?

The article addresses several Sustainable Development Goals (SDGs), specifically:

  • SDG 13: Climate Action
  • SDG 14: Life Below Water
  • SDG 17: Partnerships for the Goals

Targets Under the SDGs

2. What specific targets under those SDGs can be identified based on the article’s content?

The specific targets under the addressed SDGs that can be identified from the article are:

  1. Target 13.1: Strengthen resilience and adaptive capacity to climate-related hazards and natural disasters.
  2. Target 13.2: Integrate climate change measures into national policies, strategies, and planning.
  3. Target 14.1: Prevent and significantly reduce marine pollution of all kinds, particularly from land-based activities, including marine debris and nutrient pollution.
  4. Target 14.2: Manage and protect marine and coastal ecosystems to avoid significant adverse impacts, including by strengthening their resilience, and take action for their restoration to achieve healthy and productive oceans.
  5. Target 14.3: Minimize and address the impacts of ocean acidification, including through enhanced scientific cooperation at all levels.
  6. Target 17.6: Enhance international cooperation on and access to science, technology, and innovation, and enhance knowledge sharing on mutually agreed terms.

Indicators for Measuring Progress

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

The indicators implied in the article that can be used to measure progress include:

  • Indicator for Target 13.1: The number of countries with national and local disaster risk reduction strategies.
  • Indicator for Target 13.2: The number of countries that have integrated mitigation, adaptation, impact reduction, and early warning into primary, secondary, and tertiary curricula.
  • Indicator for Target 14.1: The proportion of national exclusive economic zones managed using ecosystem-based approaches.
  • Indicator for Target 14.2: The extent of coverage by protected areas in relation to marine areas.
  • Indicator for Target 14.3: Average marine acidity (pH) measured at agreed suite of representative sampling stations.
  • Indicator for Target 17.6: The number of science and/or technology cooperation agreements and programmes between countries, by type of cooperation.

Table of SDGs, Targets, and Indicators

SDGs Targets Indicators
SDG 13: Climate Action 13.1: Strengthen resilience and adaptive capacity to climate-related hazards and natural disasters.
13.2: Integrate climate change measures into national policies, strategies, and planning.		 – Number of countries with national and local disaster risk reduction strategies.
– Number of countries that have integrated mitigation, adaptation, impact reduction, and early warning into primary, secondary, and tertiary curricula.
SDG 14: Life Below Water 14.1: Prevent and significantly reduce marine pollution.
14.2: Manage and protect marine and coastal ecosystems.
14.3: Minimize and address the impacts of ocean acidification.		 – Proportion of national exclusive economic zones managed using ecosystem-based approaches.
– Extent of coverage by protected areas in relation to marine areas.
– Average marine acidity (pH) measured at agreed suite of representative sampling stations.
SDG 17: Partnerships for the Goals 17.6: Enhance international cooperation on science, technology, and innovation. – Number of science and/or technology cooperation agreements and programmes between countries, by type of cooperation.

Copyright: Dive into this article, curated with care by SDG Investors Inc. Our advanced AI technology searches through vast amounts of data to spotlight how we are all moving forward with the Sustainable Development Goals. While we own the rights to this content, we invite you to share it to help spread knowledge and spark action on the SDGs.

Fuente: justiceinitiative.org

 

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