International Tribunal for the Law of the Sea

First Advisory Opinion clarifying state obligations to protect and preserve the marine environment, and to prevent pollution and degradation of marine ecosystems due to climate change

Breaking news for Advisory Opinion on the protection of our marine environment

The International Tribunal for the Law of the Sea (ITLOS) will deliver its advisory opinion on the request submitted by the Commission of Small Island States on Climate Change and International Law at a public sitting on 21 May 2024.

Read the ITLOS Press Release here:

On 12 December 2022, the Commission of Small Island States on Climate Change and International Law submitted a request to the International Tribunal for the Law of the Sea (ITLOS), to clarify State obligations under the UN Convention on the law of the sea to prevent, reduce and control pollution to the marine environment resulting from climate change.

WYCJ is present at the ITLOS hearings to ensure civil society engagement with the first climate AO.

Key resources

  • WYCJ two-pager in English here.

  • WYCJ press release in English, Spanish, German.

  • Dossier submitted by the Commission of Small Island States on Climate Change and International Law to ITLOS here.

  • Submissions to ITLOS here.

  • Interested in a full legal background and arguments? Read the legal analysis by our friends at ClientEarth here.

Further resources

Interested to learn more about ITLOS, their advisory jurisdiction and the potential for climate justice?

  • Blogpost (Symposium at National University of Singapore) by Lianne Baars and Zoe Nay ‘Intergenerational Climate Justice under the Law of the Sea: The ITLOS Advisory Opinion Request by the Commission of Small Island States’ (02 August 2023). Available here.

  • Article (The International Journal of Marine and Coastal Law) by Lianne Baars ‘The Saluece of Salt Water: An ITLOS Advisory Opinion at the Ocean-Climate Nexus’  (29 June 2023). Available here.

  • Blogpost (American Society of International Law) by Donald R. Rothwell ‘Climate Change, Small Island States, and the Law of the Sea: The ITLOS Advisory Opinion Request’ (12 May 2023). Available here.

  • Blogpost (Sabin Center Blog) by Armando Rocha (12 April 2023). Available here.

  • Event Report (BIICL) ‘Promoting Climate Justice through International Law: Climate Litigation & Climate Advisory Opinions’ (1 February 2023). Available here.

  • Article (RECIEL)  by Rozemarijn J. Roland Holst from Durham University Law School ‘Taking the current when it services: Prospect and challenges for an ITLOS advisory opinion on oceans and climate change’ (20 July 2022). Available here.

  • Blogpost (Opinion Juris) by Carlos Antonio Cruz Carillo (21 July 2021). Available here.

Webinars

IUCN WCEL, ‘Advisory Opinions on Climate Change: initiatives, expectations and possibilities’

Sabin Center, ‘Advisory Opinions on Climate Change: An Overview of a Quartet of Simultaneous Requests’

The Ocean Hub, ‘Clarifying States’ duties to protect the ocean from climate change impacts, through a human rights' lens’