The ocean plays a critical role in regulating our climate: it absorbs about a quarter of the carbon dioxide (CO₂) emitted by human activities. It stores excess CO₂ and heat trapped in the atmosphere because of increased greenhouse gas (GHG) concentration. It thus contribues to regulate global temperatures, and sustain life.
For the first time, ITLOS has confirmed in an advisory opinion issued on May 21, 2024, that GHG emissions are a form of marine pollution under the United Nations Convention on the Law of the Sea (UNCLOS), also known as ‘the Constitution of the Ocean’. As a consequence, States have a legal obligation to take specific measures to reduce GHG emissions to protect and preserve the marine environment, the ocean.
As ocean stewards, Small Island States — big ocean nations — have brought this legal truth to light through the COSIS advisory opinion from the ITLOS. Their work now stands as a legal compass for all countries and stakeholders at the Third UN Ocean Conference. UNOC is an appropriate forum for State and stakeholders to acknowledge responsibility and take appropriate measures to mitigate GHG emissions in line with the findings of the Tribunal.
The Tribunal Described the Legal Obligationsof State Parties to UNCLOS As Follows:
- Preserve and protect the marine environment
- Cooperate through regional cooperation or competent international organizations for the protection and preservation of the marine environment in the context of climate change and ocean acidification. It implies to participate in good faith and meaningfully to the formulation and elaboration of international rules, standards and recommended practices and procedures consistent with UNCLOS.
- Cooperate for the conservation of marine living resources in the context of climate change and ocean acidification
- Determine the measures that a State must take in light the recognized drivers, impacts, and mitigation pathways of climate change which are described in the IPCC reports. o This implies for States to take actions that aim at reaching net zero emissions globally around 2050 to keep the temperature increase within 1.5°C above pre-industrial levels (the global temperature goal and timeline for emission pathways ser forth in the Paris agreement).
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Act with due diligence to prevent, reduce and control, marine pollution.
- This includes harmonizing countries policies and taking measures "as far reaching and efficacious as possible", objectively taking into consideration the best available science, and obligations under the UNCLOS and the Paris Agreement.
- States with greater means and capabilities must do more to reduce GHG emissions.
Developed state parties must provide scientific, technical, educational and other assistance to developing states that are particularly vulnerable to the adverse effects of climate change and must assist them in efforts to adapt to climate change. - Act with due diligence to prevent, reduce and control, marine pollution. UNCLOS state parties must conduct and publish environmental impact assessments of any public or private activity planned within their jurisdiction or under their control, whose GHG emissionsmay cause substantial pollution or significant and harmful changes to the marine environment