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Taking the Current When it Serves: Prospects and Challenges for an ITLOS Advisory Opinion on Oceans and Climate Change

Roland Holst, Rozemarijn J.

Taking the Current When it Serves: Prospects and Challenges for an ITLOS Advisory Opinion on Oceans and Climate Change Thumbnail


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Abstract

The 2021 Agreement for the Establishment of the Commission of Small Island States on Climate Change and International Law has brought the prospect of an advisory opinion on climate change from the International Tribunal for the Law of the Sea (ITLOS) a step closer to reality. The Agreement authorizes COSIS to submit a request to the full Tribunal, following the road paved for the first time—and not uncontroversially—by the 2015 ITLOS Sub-regional Fisheries Commission Advisory Opinion. This article explores the potential for progressive development of (erga omnes) obligations under the law of the sea in relation to climate change by means of an advisory opinion, as well as challenges that may be encountered. Drawing on previous case law, it reflects on the suitability of the ITLOS advisory route, substantive and strategic considerations, as well as potential future implications of an ITLOS advisory opinion on climate change.

Citation

Roland Holst, R. J. (2023). Taking the Current When it Serves: Prospects and Challenges for an ITLOS Advisory Opinion on Oceans and Climate Change. Review of European, Comparative & International Environmental Law, 32(2), 217-225. https://doi.org/10.1111/reel.12481

Journal Article Type Article
Acceptance Date Nov 8, 2022
Online Publication Date Nov 25, 2022
Publication Date 2023-07
Deposit Date Nov 10, 2022
Publicly Available Date Nov 28, 2022
Journal Review of European, Comparative and International Environmental Law
Publisher Wiley
Peer Reviewed Peer Reviewed
Volume 32
Issue 2
Pages 217-225
DOI https://doi.org/10.1111/reel.12481
Public URL https://durham-repository.worktribe.com/output/1186835

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Copyright Statement
© 2022 The Author. Review of European, Comparative & International Environmental Law published by Wiley Periodicals LLC.

This is an open access article under the terms of the Creative Commons Attribution-NonCommercial License, which permits use, distribution and reproduction in any medium, provided the original work is properly cited and is not used for commercial purposes.







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