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A push for more Climate Action
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Context
International climate change litigation reached a milestone, with the International Tribunal for the Law of the Sea (ITLOS) delivering an advisory opinion sought by the Commission of Small Island States on Climate Change and International Law (COSIS). The opinion clarifies specific obligations of parties to the United Nations Convention on the Law of the Sea (UNCLOS) regarding climate change mitigation.
Key Elements of the Advisory Opinion:
- Identification of Specific Obligations: The ITLOS advisory opinion identified under Article 194(1) of the UNCLOS that parties have specific obligations to prevent, reduce, and control marine pollution from anthropogenic greenhouse gas emissions (GHG).
- Importance of Carbon as a Pollutant: Carbon dioxide emissions contribute to the acidification of seawater and higher ocean temperatures, resulting in sea-level rise. This recognition bolsters efforts to address the impact of anthropogenic GHG emissions on marine environments.
- Collective Responsibility and Diligence Obligation: The advisory opinion underscores the principle of collective responsibility in addressing climate change, emphasizing necessary measures based on the best available science and international agreements like the Paris Climate Change Agreement.
Legal Implications and Challenges:
- Interpretation of Obligations: There are general obligations for states to reduce GHG emissions, there is no specificity regarding the methodology for assessing mitigation actions. This ambiguity presents challenges in determining the requisite level of action and adherence to international standards.
- Consideration of Means and Capabilities: The recognition that necessary measures must consider the means available to states and their capabilities, highlights the principle of equity in addressing climate change. It underscores the need for fair and balanced approaches.
- Political and Legal Authority: Despite lacking legal force, the advisory carries political weight as an authoritative judicial pronouncement. It serves as a guiding principle for states in navigating climate change mitigation efforts, emphasizing the importance of international cooperation and adherence to established standards.
Mains Question:
Q. Examine the significance of the recent advisory opinion delivered by the International Tribunal for the Law of the Sea (ITLOS) regarding the obligations of parties to the United Nations Convention on the Law of the Sea (UNCLOS) on climate change mitigation.
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