Small Island States Say Global Ocean Treaty Must Cover Climate Pollution

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A landmark hearing in Hamburg, Germany, may determine whether climate protections are afforded under the Law of the Sea.

These nations say they have only contributed 1% of global greenhouse gas emissions but contend with disproportionate climate impacts, from sea-level rise and saltwater intrusion to coastal erosion,“Despite our negligible emission of greenhouse gases, COSIS’s members have suffered and continue to suffer the overwhelming burden of climate change’s adverse impacts,” Antigua and Barbuda Prime Minister Gaston Alfonso Browne said in a statement shared by“Without rapid and ambitious action, climate...

While COSIS is only asking for an advisory opinion for now, legal experts say the decision could have a major impact on climate litigation going forward, especially if ITLOS rules that signatories do have an obligation to protect the ocean from climate pollution. “The islands could hold major emitters of greenhouse gases responsible for damage by their failure to implement the Paris climate accord,” University of Edinburgh emeritus international law professor Alan Boyle toldThat is the outcome that legal climate advocates like ClientEarth are hoping for.

“A positive advisory opinion could be essential to the global fight against climate change,” the group wrote. “A legal interpretation by the tribunal that the Law of the Sea requires states all over the world mitigate their greenhouse gas emissions to prevent harm to the marine environment opens up the possibility that climate commitments such as those made under the Paris agreement may need to be enforced to protect the world’s oceans.

 

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