The Contribution of itlos to Fight Climate Change: Prospects and Challenges of the cosis Request for an Advisory Opinion
Abstract On 12 December 2022, the International Tribunal for the Law of the Sea ( itlos ) received a request from the Commission of Small Island States on Climate Change and International Law ( cosis ) to render an advisory opinion in order to clarify the obligations of States under the 1982 United...
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crbrillap:10.1163/27725650-03020008 2023-12-31T10:21:36+01:00 The Contribution of itlos to Fight Climate Change: Prospects and Challenges of the cosis Request for an Advisory Opinion Mingozzi, Pierre Clément 2023 http://dx.doi.org/10.1163/27725650-03020008 https://brill.com/view/journals/iric/3/2/article-p306_006.xml https://brill.com/downloadpdf/journals/iric/3/2/article-p306_006.xml unknown Brill https://creativecommons.org/licenses/by/4.0/ The Italian Review of International and Comparative Law volume 3, issue 2, page 306-324 ISSN 2772-5642 2772-5650 journal-article 2023 crbrillap https://doi.org/10.1163/27725650-03020008 2023-12-06T12:18:54Z Abstract On 12 December 2022, the International Tribunal for the Law of the Sea ( itlos ) received a request from the Commission of Small Island States on Climate Change and International Law ( cosis ) to render an advisory opinion in order to clarify the obligations of States under the 1982 United Nations Convention on the Law of the Sea ( unclos ) to protect and preserve the marine environment in relation to climate change, including ocean warming, sea level rise, and ocean acidification. Although itlos has dealt with environment-related issues in the past, it has not yet specifically dealt with climate change and its (in)direct impacts. This contribution, drawing on the first opinion delivered by the Tribunal in 2015, aims to scrutinize some critical legal questions that the request will inevitably face, engaging particularly with its main procedural and substantive aspects. Since it is unlikely that itlos will encounter any unsurmountable obstacles to render the opinion, it would be expected that the Tribunal will take this opportunity to shed light on the implications of climate change for the legal regime of the sea, but also on the role of the Tribunal itself, to definitively clarify its advisory function. Article in Journal/Newspaper Ocean acidification Brill (via Crossref) The Italian Review of International and Comparative Law 3 2 306 324 |
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Abstract On 12 December 2022, the International Tribunal for the Law of the Sea ( itlos ) received a request from the Commission of Small Island States on Climate Change and International Law ( cosis ) to render an advisory opinion in order to clarify the obligations of States under the 1982 United Nations Convention on the Law of the Sea ( unclos ) to protect and preserve the marine environment in relation to climate change, including ocean warming, sea level rise, and ocean acidification. Although itlos has dealt with environment-related issues in the past, it has not yet specifically dealt with climate change and its (in)direct impacts. This contribution, drawing on the first opinion delivered by the Tribunal in 2015, aims to scrutinize some critical legal questions that the request will inevitably face, engaging particularly with its main procedural and substantive aspects. Since it is unlikely that itlos will encounter any unsurmountable obstacles to render the opinion, it would be expected that the Tribunal will take this opportunity to shed light on the implications of climate change for the legal regime of the sea, but also on the role of the Tribunal itself, to definitively clarify its advisory function. |
format |
Article in Journal/Newspaper |
author |
Mingozzi, Pierre Clément |
spellingShingle |
Mingozzi, Pierre Clément The Contribution of itlos to Fight Climate Change: Prospects and Challenges of the cosis Request for an Advisory Opinion |
author_facet |
Mingozzi, Pierre Clément |
author_sort |
Mingozzi, Pierre Clément |
title |
The Contribution of itlos to Fight Climate Change: Prospects and Challenges of the cosis Request for an Advisory Opinion |
title_short |
The Contribution of itlos to Fight Climate Change: Prospects and Challenges of the cosis Request for an Advisory Opinion |
title_full |
The Contribution of itlos to Fight Climate Change: Prospects and Challenges of the cosis Request for an Advisory Opinion |
title_fullStr |
The Contribution of itlos to Fight Climate Change: Prospects and Challenges of the cosis Request for an Advisory Opinion |
title_full_unstemmed |
The Contribution of itlos to Fight Climate Change: Prospects and Challenges of the cosis Request for an Advisory Opinion |
title_sort |
contribution of itlos to fight climate change: prospects and challenges of the cosis request for an advisory opinion |
publisher |
Brill |
publishDate |
2023 |
url |
http://dx.doi.org/10.1163/27725650-03020008 https://brill.com/view/journals/iric/3/2/article-p306_006.xml https://brill.com/downloadpdf/journals/iric/3/2/article-p306_006.xml |
genre |
Ocean acidification |
genre_facet |
Ocean acidification |
op_source |
The Italian Review of International and Comparative Law volume 3, issue 2, page 306-324 ISSN 2772-5642 2772-5650 |
op_rights |
https://creativecommons.org/licenses/by/4.0/ |
op_doi |
https://doi.org/10.1163/27725650-03020008 |
container_title |
The Italian Review of International and Comparative Law |
container_volume |
3 |
container_issue |
2 |
container_start_page |
306 |
op_container_end_page |
324 |
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1786832446079107072 |