Environment
Maritime Tribunal presents legal opinion on climate change
According to the International Tribunal for the Law of the Sea, states are obliged to take measures to combat ocean pollution caused by greenhouse gases. photo
© Christian Charisius/dpa
Island states are threatened by rising sea levels. They want to know from the Maritime Tribunal in Hamburg whether those responsible for climate change need to do more. He has now submitted a report.
The International Tribunal for the Law of the Sea in Hamburg has made a groundbreaking decision Legal opinion strengthened global climate protection. In the report, the judges came to the conclusion that man-made emissions of greenhouse gases contribute to global and ocean warming and therefore constitute pollution of the marine environment within the meaning of the UN Convention on the Law of the Sea.
The 169 signatories of the agreement – including Germany and the EU – therefore have a concrete obligation to take all necessary measures to prevent, reduce and control marine pollution caused by man-made greenhouse gas emissions and, in this context, to harmonize their policies to make every effort,” says the report, which is not binding but is likely to have a major influence on future decisions by international courts on climate issues.
Various measures
According to the judges, climate measures should be determined taking into account the best available scientific knowledge and, in particular, aim to limit the global temperature increase to 1.5 degrees Celsius above pre-industrial levels by the end of the century.
Explicit reference was made to measures to reduce CO2 emissions: the signatory states must “work together, directly or through competent international organizations, continuously, meaningfully and in good faith to prevent, reduce and control marine pollution caused by man-made greenhouse gas emissions.”
According to the report, states are not released from these obligations by other agreements such as the Paris Climate Protection Agreement. The Paris Agreement plans to limit global warming to “well below” 2 degrees by the end of the century compared to the pre-industrial era – the aim is 1.5 degrees.
In addition, the Convention on the Law of the Sea could result in an obligation to restore maritime habitats and ecosystems that have already been damaged. Developing countries – especially those that are particularly affected by climate change – must be supported financially and technologically in their fight against the effects of climate change.
“We are grateful for this report”
The report was drawn up by a group of nine small island states in the Pacific and the Caribbean that see their existence threatened by rising sea levels due to global warming. Founded by Tuvalu and Antigua and Barbuda, the Small Island States Commission on Climate Change and International Law (COSIS) also includes the Bahamas, Niue, Palau, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines and Vanuatu.
COSIS representatives viewed the report as an important success. Climate change is the greatest existential threat to countries like theirs, said Tuvaluan diplomat Eselealofa Apinelu after the reading at the UN court in Hamburg-Nienstedten. “We are grateful for this report.” Greenhouse gas emissions are not only responsible for sea level rise and coral death. Climate change is also increasing the risk of severe storms, which threaten the lives of many people in the island states.
“Today marks a historic milestone in our shared journey toward environmental justice and climate regulation,” said the island states’ legal representative at the UN court, Payam Akhavan. The report makes it clear that it is not sufficient for countries to submit inadequate climate plans to achieve the 1.5 degree target.
Environmental organizations also welcomed the report. It will finally hold countries “that neglect marine protection accountable,” said Greenpeace marine biologist Franziska Saalmann. “The International Tribunal for the Law of the Sea has thus made the clear statement: Marine protection is climate protection.” The 169 signatories of the Convention on the Law of the Sea must now “take action and prioritize effective marine protection”.
The report is the first of its kind
The world depends on the oceans to deal with the climate crisis, said Julika Tribukait, marine conservation expert at WWF Germany. “They buffer a large part of the temperature rise, but the seas suffer massively: the warming of the oceans begins a cascade of melting sea ice, rising sea levels, marine heat waves, acidification and oxygen deprivation of the seas, the signs of which are already visible everywhere.”
The report from the International Tribunal for the Law of the Sea is the first of its kind. A corresponding report is also pending at the International Court of Justice in The Hague at the request of the UN General Assembly, as well as at the Inter-American Court of Human Rights.