The ITLOS Advisory Opinion on Climate Change and Marine Pollution: Some Reflections

Abstract

This case note provides a critical overview of the International Tribunal for the Law of the Sea's (ITLOS) 2024 advisory opinion on the legal obligations of States under UNCLOS concerning climate change and marine pollution. Rather than a comprehensive review, this note highlights and analyzes the major legal principles and implications arising from the Tribunal's interpretation, focusing on its significance for international environmental and maritime law. This new approach helps to close the gap between the development of international maritime law and the inclusion of environmentally related agreements. The advisory opinion outlines some of the principles of international law such as due diligence and precaution which elevate the responsibilities of States to prevent and minimize climate-caused adverse impacts on the marine environment. This review analyzes this landmark case and its overall significance from a critical perspective; although the opinion is not legally compulsive it has strong legal and moral weight which offers a strong foundation for the future development of litigation policies and treaties.