U.N. Tribunal Declares Countries are Legally Obligated to Reduce Greenhouse Gas Emissions

A United Nations tribunal on maritime law announced on Tuesday that countries are legally obligated to reduce greenhouse gas emissions. The International Tribunal for the Law of the Sea (ITLOS) ruled that carbon emissions constitute marine Pollution, thereby requiring nations to take measures to mitigate and adapt to their harmful effects.

This landmark decision marks the first ruling in a series of cases where international courts have been asked to provide advisory opinions on Climate change. Although the ruling is not legally binding, experts believe it could have a profound influence on both international and domestic laws concerning Climate change.

“The opinion is a clarification of international legal obligations,” stated Joie Chowdhury, a senior attorney at the Center for International Environmental Law.

Among the 169 parties to the U.N. Convention on the Law of the Sea, which serves as the basis for the tribunal’s authority, are major emitters like China, Russia, and India. Notably, the United States, the world’s largest historical emitter of greenhouse gases, is not a signatory.

The advisory opinion was requested in 2022 by the Commission of Small Island States on Climate change and International Law, led by Antigua and Barbuda and Tuvalu. This coalition sought clarity on the responsibilities of treaty signatories regarding Climate change impacts, particularly ocean warming and sea level rise.

Naima Te Maile Fifita, a lawyer from Tuvalu who represented her country at the tribunal, heralded the decision as a “historic win,” stating, “This was everything that we asked for.”

Cheryl Bazard, the Bahamas’ ambassador to the European Union, celebrated the decision, saying, “The ocean can breathe a sigh of relief today.” Greenpeace legal advisor Louise Fournier added that the tribunal’s opinion “marks a significant step forward in international environmental law and the protection of our oceans.”

Small island nations are at the forefront of climate vulnerability, facing rising sea levels, extreme temperatures, and more frequent severe storms. For example, Australia has recently offered to relocate residents of Tuvalu to mitigate climate impacts. Ocean temperature increases have further exacerbated these challenges for coastal states.

Gaston Alfonso Browne, the Prime Minister of Antigua and Barbuda, highlighted the urgency of the situation, warning last year that “without rapid action, Climate change may prevent my children and grandchildren from living on their ancestral home.”

Climate change is a growing focus for international courts. Last year, the same coalition of island nations requested an advisory opinion from the International Court of Justice, which is set to hold hearings next year with participation from over 80 countries. Additionally, the Inter-American Court of Human Rights is examining the obligations of American countries to address greenhouse gas emissions, following a request from Chile and Colombia.

Tuesday’s ruling by ITLOS follows a groundbreaking decision by the European Court of Human Rights, which asserted that the Council of Europe’s 46 member states have a legal duty to protect citizens from the adverse effects of the climate crisis. This ruling was the first by an international judicial body on Climate change.

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