States' Obligations to Protect the Marine Environment Against Climate Change: An Analysis of the ITLOS Advisory Opinion

Articles in Press

Document Type : Original Article

Authors

1 Assistant professor, Law Department, Faculty of Human Science, Shahed University, Tehran, Iran

2 Ph.D in International law, Allameh Tabataba’i University

10.48308/jlr.2024.236198.2762

Abstract

The issuance of the advisory opinion by the International Tribunal for the Law of the Sea on May 21, 2024, is considered a milestone regarding states' obligations to support and protect the marine environment against climate change. In this opinion, the most significant judicial authority in law of the sea, interprets the provisions of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) to address climate change. The main question of this research is: according to ITLOS, what are the obligations of states under international law to mitigate the adverse effects of climate change in marine areas? The results of this study, conducted using a descriptive-analytical method and based on library resources, indicate that, although UNCLOS does not explicitly set out obligations regarding climate change and its harmful effects, in this opinion, the Tribunal, through an evolutionary interpretation, has established a connection between two obligations in this document: the duty to prevent, control, and combat marine pollution, and the duty to preserve the marine environment on the one hand, and addressing climate change on the other. Additionally, ITLOS considers a "stringent due diligence" standard as a benchmark for implementing these obligations, which implies establishing a national system to legislate, implement, and ensure climate change mitigation activities.

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Legal Research Quarterly

Articles in Press, Accepted Manuscript
Available Online from 08 December 2024

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History

  • Receive Date: 14 July 2024
  • Revise Date: 10 November 2024
  • Accept Date: 08 December 2024

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