A significant legal victory was achieved by island nations in the Pacific, Caribbean, and West Indies this week, putting pressure on major carbon-emitting governments like the European Union and China.
The International Tribunal for the Law of the Sea in Hamburg, Germany, ruled that state parties to the United Nations Convention on the Law of the Sea must take action to reduce greenhouse gas emissions. The 169 parties include top emitters like China, India, the European Union, and Russia. The United States, another major polluter, is not a party to the convention.
The tribunal classified greenhouse gases as marine pollution and declared that state parties must take measures to prevent, reduce, and control marine pollution.
This ruling will impact future legal and diplomatic efforts to address climate change. This is the first instance of an international court addressing the link between oceans and climate change.
In 2022, island nations initiated the case to understand the obligations of state parties regarding marine pollution and climate change effects. Despite contributing less to emissions, these countries face severe climate impacts.
The tribunal emphasized that compliance with the Paris Agreement alone is insufficient and that countries must take additional measures to prevent emissions from harming others.
State parties are obligated to support developing states vulnerable to climate change impacts and monitor emissions, report on observations, and protect oceans from acidification.
Experts and activists have lauded the tribunal’s decision, calling it a victory for science and communities affected by climate change.