REQUEST FOR AN ADVISORY OPINION SUBMITTED BY THE COMMISSION OF SMALL ISLAND STATES ON CLIMATE CHANGE AND INTERNATIONAL LAW (REQUEST FOR ADVISORY OPINION SUBMITTED TO THE TRIBUNAL)

The brief submitted by CIEL and Greenpeace International asserts that anthropogenic greenhouse gas (GHG) emissions constitute marine pollution under UNCLOS. It argues that States have a legal duty to prevent, reduce, and control these emissions to protect and preserve the marine environment, specifically by limiting warming to 1.5°C. The authors contend that this duty requires an immediate halt to new fossil fuel projects, a transition to non-fossil fuel power by mid-century, and the implementation of adaptation measures. The brief emphasizes that ITLOS should interpret UNCLOS harmoniously with international human rights law and the best available science, applying principles such as the precautionary principle, intergenerational equity, and common but differentiated responsibilities and respective capabilities (CBDRRC-NC).

• Anthropogenic greenhouse gas (GHG) emissions meet the definition of "pollution of the marine environment" under Article 1(1)(4) of UNCLOS because they introduce substances (such as carbon dioxide) and energy (heat) into the ocean, resulting in deleterious effects on marine life and human health.
• The duty to protect and preserve the marine environment under UNCLOS Part XII requires States to keep global temperature rise below 1.5°C and implement adaptation measures to reduce vulnerability to climate impacts.
• To fulfill their obligations under UNCLOS, States must immediately halt new fossil fuel projects, divest from fossil fuel-related investments, and fully transition the power sector to non-fossil fuel sources by mid-century.
• Environmental impact assessments (EIAs) for planned activities must include cumulative climate analyses that factor in both direct and downstream GHG emissions to accurately assess risks to the marine environment.
• States should prioritize proven near-term mitigation measures over speculative technologies like large-scale carbon dioxide removal (CDR) and marine geoengineering, which may pose new environmental and human rights risks.
• The principle of intergenerational equity prohibits States from delaying immediate emissions reductions in reliance on unproven future technologies, as this imposes a disproportionate mitigation burden on future generations.
• High-income, high-emitting States bear a greater responsibility to lead climate action and provide financial support to less responsible States, consistent with the principle of common but differentiated responsibilities and respective capabilities (CBDRRC-NC).
• Ocean warming and acidification are already causing significant damage, including the doubling of marine heatwave frequency since 1982 and the potential loss of 70% to 90% of coral reefs if warming reaches 1.5°C.

APA

Casper, K., Fournier, L., Khatri, U., Morgenthau, T., Barney, M. A. S., & Reisch, N. (2023). REQUEST FOR AN ADVISORY OPINION SUBMITTED BY THE COMMISSION OF SMALL ISLAND STATES ON CLIMATE CHANGE AND INTERNATIONAL LAW (REQUEST FOR ADVISORY OPINION SUBMITTED TO THE TRIBUNAL). Center for International Environmental Law. https://www.ciel.org/wp-content/uploads/2024/03/Amicus-brief-ITLOS-Interpreting-States-Climate-Duties-Marine-Protection.pdf

Chicago

Casper, Kristin, Louise Fournier, Upasana Khatri, Tamara Morgenthau, Maria Alejandra Serra Barney, and Nikki Reisch. REQUEST FOR AN ADVISORY OPINION SUBMITTED BY THE COMMISSION OF SMALL ISLAND STATES ON CLIMATE CHANGE AND INTERNATIONAL LAW (REQUEST FOR ADVISORY OPINION SUBMITTED TO THE TRIBUNAL). Center for International Environmental Law, 2023. https://www.ciel.org/wp-content/uploads/2024/03/Amicus-brief-ITLOS-Interpreting-States-Climate-Duties-Marine-Protection.pdf.

Wikipedia

{{cite report |last1=Casper |first1=Kristin |last2=Fournier |first2=Louise |last3=Khatri |first3=Upasana |last4=Morgenthau |first4=Tamara |last5=Barney |first5=Maria Alejandra Serra |last6=Reisch |first6=Nikki |title=REQUEST FOR AN ADVISORY OPINION SUBMITTED BY THE COMMISSION OF SMALL ISLAND STATES ON CLIMATE CHANGE AND INTERNATIONAL LAW (REQUEST FOR ADVISORY OPINION SUBMITTED TO THE TRIBUNAL) |publisher=Center for International Environmental Law |date=15 June 2023 |url=https://www.ciel.org/wp-content/uploads/2024/03/Amicus-brief-ITLOS-Interpreting-States-Climate-Duties-Marine-Protection.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{casper2023request, author = {Casper, Kristin and Fournier, Louise and Khatri, Upasana and Morgenthau, Tamara and Barney, Maria Alejandra Serra and Reisch, Nikki}, title = {{REQUEST FOR AN ADVISORY OPINION SUBMITTED BY THE COMMISSION OF SMALL ISLAND STATES ON CLIMATE CHANGE AND INTERNATIONAL LAW (REQUEST FOR ADVISORY OPINION SUBMITTED TO THE TRIBUNAL)}}, institution = {Center for International Environmental Law}, year = {2023}, month = jun, url = {https://www.ciel.org/wp-content/uploads/2024/03/Amicus-brief-ITLOS-Interpreting-States-Climate-Duties-Marine-Protection.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }