The Competence of the International Tribunal for the Law of the Sea in its New Advisory Proceedings on Climate Change

Author: Brian McGarry
Published: 16.12.2022
On the sidelines of last year’s COP26, Antigua and Barbuda and Tuvalu concluded the Agreement for the Establishment of the Commission of Small Island States on Climate Change and International Law (‘the Agreement’ establishing ‘the Commission’). The Agreement is open to signature by all 39 members of the Alliance of Small Island States, and currently also includes Niue, Palau, Saint Lucia, and Vanuatu. Article 2(2) of the Agreement notably empowers the Commission to request advisory opinions from the International Tribunal for the Law of the Sea (ITLOS) on issues such as the “adverse effects of climate change on the Small…