The International Tribunal for the Law of the Sea, the world's highest court governing oceans, has said that nations must take action to prevent marine pollution and curb the effects of heat-trapping gases.
Although the court's statement isn't legally binding, it is a groundbreaking, unanimous advisory opinion. It also sets the stage for bringing future claims against polluting countries. As The New York Times reported, the judges ruled that greenhouse gases pollute marine environments, and countries can be held accountable for that pollution.
The tribunal of 21 judges, also called the Oceans Court, took this stance to warn the world about the inevitable effects of rising temperatures, including altered ocean currents, coral bleaching, and the acidification of ocean waters that harm sea life. It sets a precedent for other courts to follow as they address growing ocean concerns like plastic pollution and sewage waste.
Representatives from island nations significantly affected by rising sea levels requested the review and opinion by the Oceans Court, which affects over 165 countries. This opinion expands the definition of marine pollution to include greenhouse gases, which were not previously mentioned in the 1970s negotiations. We did not have the research to understand how serious a problem they were then.
Payam Akhavan, the lead lawyer on the case, described the judicial decision as "an epic David and Goliath contest," in a press briefing, as reported by the Straits Times. Akhavan noted that some of the smallest nations in the world are using international law to bring major polluters to justice.
"We got everything we asked for; we now have an authoritative definition of the obligations of states to avert irreversible harm," Akhavan said, per the New York Times.
Per Reuters, China fought the islands' request during the case's hearings, claiming that the court had no authority to make such a ruling. However, the judges ruled that the court did have proper jurisdiction.
The ruling affects some of the largest polluting countries, including Russia and India. However, it does not apply to the U.S. because it didn't ratify the United Nations Convention on the Law of the Sea based on objections to several treaty provisions unfavorable to the American economy.
Yet globally, the Oceans Court ruling has the potential to keep our oceans cleaner and more resilient to the catastrophic effects of the changing climate.
Louise Fournier, a Greenpeace legal advisor, said in a statement that the tribunal's opinion "marks a significant step forward in international environmental law and the protection of our oceans."
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