The International Tribunal for the Law of the Sea(ITLOS)is requested to provide an advisory opinion on the specific obligations of states parties regarding climate change under the United Nations Convention on the Law...The International Tribunal for the Law of the Sea(ITLOS)is requested to provide an advisory opinion on the specific obligations of states parties regarding climate change under the United Nations Convention on the Law of the Sea(UNCLOS).This opinion recognizes that greenhouse gas emissions constitute pollution of the marine environment and emphasizes the necessity for states to take measures to mitigate such pollution.Legally,this opinion clarifies the necessity of collective action in addressing climate change,thereby advancing the concept of climate justice.However,the advisory opinions serve merely as'primary rules',failing to elaborate on how to demonstrate the causal link between mitigation actions and the harm suffered by other states,as well as the manner in which state responsibility for climate-induced loss and damage should be borne.Divergent views among states regarding the classification of greenhouse gases as pollutants highlight the complexities and uncertainties of climate policy.To promote compatibility between climate law and maritime law,this article argues that ITLOS should prioritize the establishment of an'assistance-based'loss and damage compensation mechanism.This mechanism aims to support developing states severely affected by climate change through collective international efforts rather than solely through compensation.Furthermore,the advisory opinion is expected to play a crucial role in protecting marine environments and addressing climate change,to further clarify the duty of care that states must exercise in climate governance.展开更多
基金the National Social Science Fund Youth Project,entitled Research on the Integration of Global Carbon Market Rules Under the Glasgow Climate Agreement and China's Solutions(Grant Number:22CFX088).
文摘The International Tribunal for the Law of the Sea(ITLOS)is requested to provide an advisory opinion on the specific obligations of states parties regarding climate change under the United Nations Convention on the Law of the Sea(UNCLOS).This opinion recognizes that greenhouse gas emissions constitute pollution of the marine environment and emphasizes the necessity for states to take measures to mitigate such pollution.Legally,this opinion clarifies the necessity of collective action in addressing climate change,thereby advancing the concept of climate justice.However,the advisory opinions serve merely as'primary rules',failing to elaborate on how to demonstrate the causal link between mitigation actions and the harm suffered by other states,as well as the manner in which state responsibility for climate-induced loss and damage should be borne.Divergent views among states regarding the classification of greenhouse gases as pollutants highlight the complexities and uncertainties of climate policy.To promote compatibility between climate law and maritime law,this article argues that ITLOS should prioritize the establishment of an'assistance-based'loss and damage compensation mechanism.This mechanism aims to support developing states severely affected by climate change through collective international efforts rather than solely through compensation.Furthermore,the advisory opinion is expected to play a crucial role in protecting marine environments and addressing climate change,to further clarify the duty of care that states must exercise in climate governance.
