Ocean Yearbook 39

Ocean Yearbook 39

Contributor Roles

Lisa Benjamin, Jeffrey Bain Faculty Scholar and Associate Professor of Law at Lewis & Clark Law School, co-authored the chapter "The ITLOS Advisory Opinion on Climate Change and International Law: a Solid Legal Foundation for State Obligations on Climate Change."

Description

Devoted to assessing the state of ocean and coastal governance, knowledge, and management, the Ocean Yearbook provides information in one convenient resource.

As in previous editions, articles provide multidisciplinary expert perspectives on contemporary issues. Each new volume draws on policy studies, international relations, international and comparative law, management, marine sciences, economics, and social sciences. Each volume contains key recent legal and policy instruments.

Description of the chapter "The ITLOS Advisory Opinion on Climate Change and International Law: a Solid Legal Foundation for State Obligations on Climate Change": On May 21, 2024, the International Tribunal for the Law of the Sea (ITLOS) issued an advisory opinion on States' specific obligations to address greenhouse gas pollution and protection and preservation of the marine environment in relation to climate change and ocean acidification. The opinion highlights the science of climate change, particularly IPCC reports, the international rules and standards of climate change, and the means and capabilities of States. The Tribunal analyzed the United Nations Convention on the Law of the Sea (UNCLOS), finding that greenhouse gases are pollutants within the scope of UNCLOS and therefore under UNCLOS States Parties have obligations to prevent, reduce, and control greenhouse gases from any source; to protect and preserve the marine environment; to cooperate with other States for this purpose; and to prepare environmental impact assessments taking into account cumulative impacts. ITLOS found that the standard for performing these obligations is one of conduct, and that due to the risk of serious and sometimes irreversible harm, the due diligence requirements are stringent. The opinion relies heavily on external international rules, incorporated as rules of reference under UNCLOS, including the Paris Agreement, the UN Framework Convention on Climate Change, and other relevant treaties.

ISBN

9789004733305

Publication Date

2025

Document Type

Book

Publisher

Brill

Edition

39th

Editors

Scott Coffen-Smout, Patrícia Galvão Ferreira, Moira L. McConnell, and Sara L. Seck

First Page

27

Section Title

The ITLOS Advisory Opinion on Climate Change and International Law: a Solid Legal Foundation for State Obligations on Climate Change

City

Leiden

Keywords

ITLOS advisory opinion, marine pollution, greenhouse gas emissions, ocean acidification, Paris Agreement, environmental impact assessment, International Tribunal for the Law of the Sea, marine conservation, United Nations Convention on the Law of the Sea

Disciplines

Environmental Law | Environmental Sciences | International Law | Law | Law of the Sea | Oceanography and Atmospheric Sciences and Meteorology

Ocean Yearbook 39


 

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