Climate change compensation in the light of the advisory opinion delivered by the International Tribunal for the Law of the Sea: A missed opportunity?
Mingozzi, Pierre Clément
Climate change compensation in the light of the advisory opinion delivered by the International Tribunal for the Law of the Sea: A missed opportunity? - 2024.
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The International Tribunal for the Law of the Sea (ITLOS) delivered its first climate-change related advisory opinion on May 21, 2024. The advisory opinion, requested from the tribunal by the Commission of Small Island States on Climate Change and International Law (COSIS), addressed several issues regarding the enforcement of the United Nations Convention on the Law of the Sea (UNCLOS) in the context of climate change, including the relationship between UNCLOS and the global climate change legal regime, as well as the specific obligations of states to reduce greenhouse gas (GHG) emissions. This article examines compensation for climate damage under international law, and in particular the (non) taking into account, in the opinion delivered by the tribunal, of aspects related to damage compensation. This article suggests a different approach which, if it had been undertaken by the tribunal, could have helped to consolidate a genuine regime of international liability for environmental damages resulting from climate change.
Climate change compensation in the light of the advisory opinion delivered by the International Tribunal for the Law of the Sea: A missed opportunity? - 2024.
65
The International Tribunal for the Law of the Sea (ITLOS) delivered its first climate-change related advisory opinion on May 21, 2024. The advisory opinion, requested from the tribunal by the Commission of Small Island States on Climate Change and International Law (COSIS), addressed several issues regarding the enforcement of the United Nations Convention on the Law of the Sea (UNCLOS) in the context of climate change, including the relationship between UNCLOS and the global climate change legal regime, as well as the specific obligations of states to reduce greenhouse gas (GHG) emissions. This article examines compensation for climate damage under international law, and in particular the (non) taking into account, in the opinion delivered by the tribunal, of aspects related to damage compensation. This article suggests a different approach which, if it had been undertaken by the tribunal, could have helped to consolidate a genuine regime of international liability for environmental damages resulting from climate change.
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