Small island nations in the Pacific, Caribbean, and West Indies celebrated a significant legal victory this week that increases the pressure on major governments, such as the European Union and China, to reduce their carbon emissions.
The International Tribunal for the Law of the Sea (ITLOS) in Hamburg, Germany, issued a unanimous ruling on Tuesday, stating that state parties to the United Nations Convention on the Law of the Sea have a responsibility to decrease greenhouse gas emissions. This includes top emitters like China, India, the European Union, and Russia, while notably excluding the United States.
According to the advisory opinion of the tribunal, greenhouse gases are considered marine pollution, and state parties must take necessary actions to prevent, reduce, and control marine pollution.
Leaders including Gaston Browne, the prime minister of Antigua and Barbuda, and Nikki Reisch from the Center for International Environmental Law, praised the decision for holding big polluters accountable under international law and emphasizing the connection between oceans and climate change.
This landmark ruling by the ITLOS serves as a reminder of states’ legal obligations to reduce greenhouse gas emissions urgently and protect the environment and human rights. The decision has particularly significant implications for small island states leading the fight for climate justice and accountability.
The legal battle initiated in 2022 by island nations like Palau and Vanuatu sheds light on the disproportionate impact of climate change on these countries despite their minimal contributions to carbon emissions. The tribunal’s opinion emphasizes that mere compliance with the Paris Agreement is insufficient and that states must take additional measures to prevent damage to other states and their environments.
In addition to monitoring greenhouse gas emissions and protecting oceans from acidification, state parties to the convention must support vulnerable nations in adapting to climate change through funding, technical assistance, and other specialized services.
Experts and organizations involved in the case commend the tribunal for aligning with climate science and making a significant ruling that benefits ocean communities affected by climate change.
