On December 12, 2022, the Co-Chairs of the Commission of Small Island States on Climate Change and International Law (the Commission), representing the Commission pursuant to Article 3(3) of the Agreement for the Establishment of the Commission, submitted a request for an advisory opinion from the International Tribunal for the Law of the Sea (the "Tribunal") on the legal questions set out below. The Commission referred the following legal questions to the Tribunal for an advisory opinion:
What are the specific obligations of State Parties to the United Nations Convention on the Law of the Sea (the "UNCLOS"), including under Part XJI:
(a) to prevent, reduce and control pollution of the marine environment in relation to the deleterious effects that result or are likely to result from climate change, including through ocean warming and sea level rise, and ocean acidification, which are caused by anthropogenic greenhouse gas emissions into the atmosphere?
(b) to protect and preserve the marine environment in relation to climate change impacts, including ocean warming and sea level rise, and ocean acidification?
States concerned: Antigua & Barbuda, Vanuatu, Tuvalu, Nieu, St. Lucia, Palau.
As fixed by the order, the deadline to submit briefs was June 16th, 2023. By that date, 31 states and eight intergovernmental organizations submitted written statements pursuant to article 138 paragraph 3 and article 133 paragraph 3 of the Rules of the Tribunal. Ten additional groups submitted written statements not pursuant to these articles. Rwanda and the Food and Agricultural Organization of the United Nations (FAO) submitted statements after the due date.
In an order authorized on June 30, 2023, Judge Albert Hoffman, President of the Tribunal, set September 11 as the date for the opening hearing of the case. At the hearing, oral statements may be made by State Parties to the Convention, the Commission of Small Island States on Climate Change, and other intergovernmental organizations. Parties wishing to make oral statements must indicate their intention to do so to the Registrar of the Tribunal no later than August 4.
Case Documents:
Filing Date | Type | File | Summary |
---|---|---|---|
12/12/2022 | Points of Claim | Download | Request for advisory opinion |
12/16/2022 | Order | Download | Order of Dec. 16, 2022 (inviting parties to submit written statements on the questions submitted to the Tribunal and deciding to hold oral proceedings). |
02/15/2023 | Order | Download | Order of Feb. 15, 2023 (extending the deadline to submit written statements). |
05/30/2023 | Opinion | Download | Amicus brief submitted by the UN Special Rapporteurs on Human Rights & Climate Change (Ian Fry), Toxics & Human Rights (Marcos Orellana), and Human Rights & the Environment (David Boyd), not pursuant to articles 138, paragraph 3, and 133, paragraph 3, of the Rules of the Tribunal (not part of the case file) |
06/16/2023 | Opinion | Download | Amicus brief submitted by Our Children's Trust and Oxfam International, not pursuant to articles 138, paragraph 3, and 133, paragraph 3, of the Rules of the Tribunal (not part of the case file) |
06/16/2023 | Opinion | Download | Amicus curiae memorial submitted by the High Seas Alliance, not pursuant to articles 138, paragraph 3, and 133, paragraph 3, of the Rules of the Tribunal (not part of the case file) |
06/15/2023 | Opinion | Download | Written submission filed on behalf of Client Earth, not pursuant to articles 138, paragraph 3, and 133, paragraph 3, of the Rules of the Tribunal (not part of the case file) |
06/15/2023 | Opinion | Download | Amicus curiae brief of Opportunity Green, not pursuant to articles 138, paragraph 3, and 133, paragraph 3, of the Rules of the Tribunal (not part of the case file) |
06/15/2023 | Opinion | Download | Memorial filed on behalf of the Center for Environmental Law (CIEL) and Stichting Greenpeace Council (Greenpeace International), not pursuant to articles 138, paragraph 3, and 133, paragraph 3, of the Rules of the Tribunal (not part of the case file) |
06/16/2023 | Opinion | Download | Amicus curiae brief submitted by the Advisory Committee on Protection of the Sea (ACOPS), not pursuant to articles 138, paragraph 3, and 133, paragraph 3, of the Rules of the Tribunal (not part of the case file) |
06/16/2023 | Opinion | Download | Amicus brief filed on behalf of World Wide Fund for Nature (WWF) International, not pursuant to articles 138, paragraph 3, and 133, paragraph 3, of the Rules of the Tribunal (not part of the case file) |
06/22/2023 | Opinion | Download | Amicus curiae of the Observatory for Marine and Coastal Governance, not pursuant to articles 138, paragraph 3, and 133, paragraph 3, of the Rules of the Tribunal (not part of the case file) |
06/16/2023 | Opinion | Download | Written statement of the One Ocean Hub (OOH), prepared by Prof. Eliza Morgera, not pursuant to articles 138, paragraph 3, and 133, paragraph 3, of the Rules of the Tribunal (not part of the case file) |
06/17/2023 | Opinion | Download | Written statement of the Republic of Rwanda (received after the expiry of the time limit fixed by Order 2023/1 of 15 February 2023) |
06/16/2023 | Opinion | Download | Written statement of the Food and Agriculture Organization of the United Nations (FAO) (received after the expiry of the time limit fixed by Order 2023/1 of 15 February 2023) |
06/16/2023 | Opinion | Download | Written statement of the United Nations, pursuant to articles 138, paragraph 3, and 133, paragraph 3, of the Rules of the Tribunal |
06/13/2023 | Opinion | Download | Written statement of the International Union for Conservation of Nature and Natural Resources - World Commission on Environmental Law, Ocean Law Specialist Group, pursuant to articles 138, paragraph 3, and 133, paragraph 3, of the Rules of the Tribunal |
06/16/2023 | Opinion | Download | Written statement of the International Maritime Organization, pursuant to articles 138, paragraph 3, and 133, paragraph 3, of the Rules of the Tribunal |
06/16/2023 | Opinion | Download | Written statement of the Commission of Small Island States on Climate Change and International Law, pursuant to articles 138, paragraph 3, and 133, paragraph 3, of the Rules of the Tribunal |
06/16/2023 | Opinion | Download | Written submission from the Pacific Community, pursuant to articles 138, paragraph 3, and 133, paragraph 3, of the Rules of the Tribunal |
06/16/2023 | Opinion | Download | Written statement submitted to the International Tribunal for the Law of the Sea by the United Nations Environment Programme (UNEP), pursuant to articles 138, paragraph 3, and 133, paragraph 3, of the Rules of the Tribunal |
06/16/2023 | Opinion | Download | Written statement of the African Union, pursuant to articles 138, paragraph 3, and 133, paragraph 3, of the Rules of the Tribunal |
06/16/2023 | Opinion | Download | Written statement of the International Seabed Authority, pursuant to articles 138, paragraph 3, and 133, paragraph 3, of the Rules of the Tribunal |
06/13/2023 | Opinion | Download | Amicus curiae brief submitted by the Democratic Republic of the Congo (in French) |
06/16/2023 | Opinion | Download | Written statement by the Republic of Poland |
06/15/2023 | Opinion | Download | Written statement of New Zealand |
06/15/2023 | Opinion | Download | Written statement of Japan |
06/15/2023 | Opinion | Download | Written statement of Norway |
06/14/2023 | Opinion | Download | Written statement of the Federal Republic of Germany |
06/15/2023 | Opinion | Download | Written statement of Italy |
06/15/2023 | Opinion | Download | Written statement of the People's Republic of China |
06/15/2023 | Opinion | Download | Written statement by the European Union |
06/16/2023 | Opinion | Download | Written statement of the Republic of Mozambique |
06/16/2023 | Opinion | Download | Written statement of Australia |
06/16/2023 | Opinion | Download | Written statement of the Republic of Mauritius |
06/15/2023 | Opinion | Download | Written statement submitted by the Government of the Republic of Indonesia to the International Tribunal for the Law of the Sea (ITLOS) |
06/16/2023 | Opinion | Download | Written statement of the Republic of Latvia |
06/16/2023 | Opinion | Download | Written statement of the Republic of Singapore |
06/16/2023 | Opinion | Download | Written statement of the Republic of Korea |
06/16/2023 | Opinion | Download | Written statement of the Arab Republic of Egypt |
06/16/2023 | Opinion | Download | Amicus curiae brief submitted by France (in French) |
06/16/2023 | Opinion | Download | Written statement of the Republic of Chile |
06/16/2023 | Opinion | Download | Written statement of the People's Republic of Bangladesh |
06/15/2023 | Opinion | Download | Written statement of the Republic of Nauru |
06/16/2023 | Opinion | Download | Written statement of Belize |
06/16/2023 | Opinion | Download | Written statement of the Portuguese Republic submitted to the International Tribunal for the Law of the Sea |
06/16/2023 | Opinion | Download | Written statement of Canada |
06/16/2023 | Opinion | Download | Written statement of the Republic of Guatemala |
06/16/2023 | Opinion | Download | Written statement of the United Kingdom |
06/16/2023 | Opinion | Download | Written statement of the Kingdom of the Netherlands |
06/16/2023 | Opinion | Download | Written statement of the Republic of Sierra Leone |
06/16/2023 | Opinion | Download | Written statement of the Federated States of Micronesia |
06/16/2023 | Opinion | Download | Amicus curiae brief submitted by Djibouti (in French) |
06/30/2023 | Press Release | Download | ITLOS press release setting hearing date. |