Protecting the oceans from greenhouse gases

The International Tribunal for the Law of the Sea (ITLOS) has ruled on 21 May 2024 that countries need to go beyond their commitments under the Paris Agreement to protect the oceans from the impact of greenhouse gas emissions. In a case brought by a coalition of nine small island nations, the court found that greenhouse gas emissions absorbed by oceans can be considered pollutants and states must do whatever they can to reduce them. This Advisory Opinion can influence climate negotiations and serve as a precedent in future court cases.

The Hamburg-based tribunal was asked to clarify the state responsibilities on climate change under the 1982 UN Convention on the Law of the Sea (UNCLOS), which has 164 parties (except the United States). The treaty aims to prevent, reduce and control marine pollution, but it was not clear if greenhouse gas emissions qualified as pollutants.

Most countries acknowledged that greenhouse gas emissions pollute the oceans, but they disagreed on what obligations the maritime treaty imposed on their actions related to climate change. The polluters pushed back, with China and India claiming that issues relating to climate change should be handled within the UN climate change (UNFCCC) regime, and wealthy nations including the European Union, the United Kingdom, Japan and Australia saying the Paris Agreement procedures comply with the requirements of UNCLOS, arguing against more stringent obligations. But the tribunal said “complying with the obligations and commitments under the Paris Agreement” would not be enough to satisfy a country’s duty to protect the oceans, since it let countries set their own climate goals. Obligations under the Paris Agreement set a floor, not a ceiling, for state action on greenhouse gas emissions.

The oceans absorb about 25% of all carbon dioxide emissions and capture 90% of excess global heating. Ocean surface temperature have broken records since March 2023. The resulting rise in sea level will drown atoll small island states by the end of the century. The major polluters should be held accountable.

Payam Akhavan, the legal counsel for the nine island nations, said the case came out of “frustration with the failure of the COP process” to achieve its objectives. “The turn to international law should simply shape future negotiations to ensure that the climate change regime is more robust and that it has more teeth than it presently does”, he added.

The tribunal’s opinion could influence coming climate negotiations and push countries most responsible for the climate crisis to raise their ambition to cut emissions in their next national climate plans due in early 2025. The decision could also form a significant precedent and influence upcoming legal opinions by the Inter-American Court on Human Rights and the International Court of Justice, which are also considering countries’ climate obligations.

SOURCE: based on https://www.climatechangenews.com/2024/05/21/un-court-countries-must-go…