Climate ruling by top court on oceans Is a game changer

Itlos’ opinion directs nations to cut gas emissions that endanger marine life and heat up planet

- David Fogarty

A landmark opinion issued by the world's top court dealing with oceans said on May 21 that greenhouse gases emitted by human activity are pollutants and nations have a responsibility to cut emissions that are damaging the marine environment and heating up the planet.

The opinion by the Hamburgbased International Tribunal for the Law of the Sea (Itlos), though not binding, makes clear that nations have a legal responsibility to take all necessary measures to reduce, control and prevent marine pollution caused by human-made greenhouse gas emissions.

Here's a look at the key aspects of the opinion and why it is important.

Q What is the case about?

A In December 2022, nine Caribbean and Pacific island nations sought the opinion of the tribunal on two questions relating to the specific obligations of states that are party to the 1982 UN Convention on the Law of the Sea (Unclos) - a key treaty establishing rules governing all uses of the oceans and their resources. Nearly 170 nations, including Singapore, are party to the treaty. Itlos is an independent judicial body set up by the convention.

The tribunal was asked what are the obligations of parties to Unclos regarding preventing, reducing and controlling pollution of the marine environment and damage linked to global warming and greenhouse gas emissions; and, second, states' obligations to protect and preserve the marine environment in relation to climate change impacts, including ocean warming, sea-level rise and ocean acidification.