International Tribunal for the Law of the Sea
More right to climate protection: Report warns ocean polluters
A representative of the small island states in the Pacific and the Caribbean sits in the courtroom at the meeting of the International Tribunal for the Law of the Sea
© Christian Charisius / DPA
Rising sea levels particularly threaten small island states. Those responsible for climate change must take stricter measures, according to a report from the International Tribunal for the Law of the Sea. How much that brings is questionable, however.
On Tuesday, the International Tribunal for the Law of the Sea in Hamburg presented a legal opinion on the question of the extent to which states are obliged by international law to take stronger measures in the fight against climate change. 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.
In its opinion, the Court found that man-made greenhouse gases constitute marine pollution. According to the UN Convention on the Law of the Sea, states are obliged to take measures against greenhouse gas pollution. The measures must therefore take into account the effects of climate change and ocean acidification. The obligation requires the application of the precautionary principle.
Other agreements – such as the Paris climate protection agreement – would not exempt them from this. The Paris Agreement plans to limit global warming by the end of the century to “well below” two degrees compared to the pre-industrial era – the aim is 1.5 degrees.
Almost 170 states have signed the UN Convention on the Law of the Sea
Founded by Tuvalu, Antigua and Barbuda belong to the Small Island States Commission for 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.
In the UN Convention on the Law of the Sea, which lays down the basic regulations for almost all areas of international maritime law, the signatory states have committed themselves to protecting and preserving the marine environment. For example, measures must be taken to combat marine pollution. The almost 170 signatories include Germany, the EU and China, but not the USA.