Written by Riham Alkousar
BERLIN (Reuters) – The International Court of the Sea is expected to issue an advisory opinion on Tuesday on whether countries have a responsibility to cut emissions and combat climate change, a ruling that could give legal weight to future climate litigation. There is sex.
In its first climate-related judgment, the International Tribunal for the Law of the Sea (ITLOS) in Hamburg, Germany, has decided whether carbon emissions absorbed into the ocean should be considered marine pollution and whether countries have an obligation to protect their oceans. A specific decision will be made. environment.
The court’s opinion was requested by a group of island states facing climate-induced sea level rise.
“This is truly an epic David and Goliath contest. This is the smallest nation on earth exercising the power of international law against major polluters,” said the group’s lead litigator. lawyer Payam Akhavan said at a press conference last week.
Although the arbitral tribunal’s ruling in this case is not legally binding, it could serve as a guideline for countries’ climate policies and serve as precedent for other cases.
At a hearing in the case in September, China, the world’s biggest carbon polluter, objected to the islands’ request, arguing that the court lacked general authority to issue an advisory opinion and that China’s position was consistent with international law. It argued that this was done to avoid fragmentation.
Ryan Martinez-Mitchell, a law professor at the Chinese University of Hong Kong, told Reuters: “If ITLOS finds that such an obligation exists, the Chinese government’s response will be to determine that this is outside its proper authority. “There is a high possibility that it will be approved,” he told Reuters.
The decision to classify greenhouse gas emissions as a form of pollution could draw attention to countries’ existing obligations to protect the marine environment under the United Nations Convention on the Law of the Sea, Akhavan said.
Some activists and environmental lawyers say they hope to hear from the next United Nations climate change summit, COP29, in Baku, Azerbaijan, urging countries to set more ambitious climate goals. .
“The international law will become clearer and it will become clear that this is a legal requirement,” said Lee Meinklingst, a lawyer at the legal charity ClientEarth.
The decision could also affect two upcoming legal opinions by the Inter-American Court of Human Rights and the International Court of Justice, which are also considering states’ climate obligations.
Already last month, the European Court of Human Rights handed down a historic ruling in favor of plaintiffs who claim Switzerland is violating human rights by not doing enough to combat climate change.
“This is about making international law work for us,” said Vishal Prasad, campaign director for Pacific Island Students Fighting Climate Change. “It’s about advancing the gaps that exist in the Paris Agreement.”
(Reporting by Riham Alkousser; Editing by Katie Daigle and Sandra Mahler)
