It is the first time that Itlos has spoken out on issues related to greenhouse gas emissions
“Anthropogenic emissions of greenhouse gases constitute a form of pollution of the marine environment”. This was established by the International Tribunal for the Law of the Sea (Itlos), an independent body of the United Nations, in an advisory opinion released on 21 May. Even if it is not binding, that is, it does not legally oblige any country to reduce its greenhouse gas emissionsthis decision he does law. And it can be used in all future ones climate disputes at any level to force governments to improve their policies against the climate crisis.
It is the first time that Itlos has spoken out on a topic related to the climate crisis. The court’s scope of reference is Unclos, the UN Convention on the Law of the Sea signed in Montego Bay in 1982 which regulates, among other aspects, the protection of the marine environment and the management of its natural resources. With the opinion released today – at the request of a group of small island states, particularly threatened by climate change – this perimeter is expanded to include a topic, greenhouse gas emissions, so far not connected with pollution of the marine environment.
The increase of concentration of CO2 in the atmosphere, driven above all by human activities (above all the combustion of fossil fuels) has a well-known impact on the oceans. Ocean masses absorb excess CO2 – acting as a “buffer” against atmospheric warming – but in doing so they increase their acidity. This has consequences for marine life and the balance of ecosystems.
What ITLOS said about greenhouse gas emissions
According to Itlos, the signatories of Unclos (most countries, with the notable exception of the United States) have “the specific obligation” to adopt “all measures necessary to prevent, reduce and control marine pollution resulting from anthropogenic greenhouse gas emissions” and they must harmonize their policies in this regard. To do so, countries must draw on the most up-to-date climate science, including the Paris Agreement and “in particular” the goal of limiting global temperature to +1.5°C e “the timing” necessary to comply with it.
It’s a “significant step forward” that fixes a “clear legal precedent” to tackle the climate crisis, he comments Louise Fournier by Greenpeace. On the same wavelength, the WWF talks about “important milestone” and of “strong signal” that reducing greenhouse gas emissions and protecting the marine environment must be priorities for governments. WWF will include the opinion of Itlos in the request it will make to the International Court of Justice to determine the responsibilities of states with respect to climate change.
