The International Tribunal for the Law of the Sea’s public hearings began in Hamburg, Germany, on a noteworthy note this Monday, following a request from the Commission of Small Island States on Climate Change and International Law (COSIS). Representatives of COSIS, specifically Kausea Natano of Tuvalu and Gaston Browne of Antigua and Barbuda, will testify before the Tribunal.
In December 2022, COSIS had filed a Request for Advisory Opinion, seeking clarification on the specific obligations of state parties under the United Nations Convention on the Law of the Sea (UNCLOS) in regard to:
- The prevention, reduction, and control of marine environmental pollution in relation to adverse effects originating from or likely to emerge from climate change, including due to ocean warming, sea-level rise, and ocean acidification – all of which are results of anthropogenic greenhouse gas emissions into the atmosphere.
- The protection and preservation of the marine environment in relation to impacts of climate change, including ocean warming and sea level rise, and ocean acidification.
Representatives from 35 parties, including representatives from nations such as Argentina, Australia, Bangladesh, amidst others, along with 3 intergovernmental organizations are expected to attend the hearing. Additionally, various parties like the United Nations have filed written submissions with the Tribunal.
COSIS was founded on October 31, 2021, under the aegis of the Agreement for the Establishment of the Commission of Small Island States on Climate Change and International Law. Antigua and Barbuda and Tuvalu were the original signatories of this agreement, with Prime Ministers Kausea Natano and Gaston Browne currently co-chairing the COSIS. Other members of this commission include countries like Niue, Palau, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, and Vanuatu.
Small island nations confront dire threatening circumstances concerning food, energy, and infrastructure due to sea-level rise and climate change. Indeed, by 2100, it is feared that Tuvalu will have 95% of its land flooded if adequate preventative measures aren’t taken. The United Nations too requested an advisory opinion from the International Court of Justice (ICJ) in March, seeking information about state obligations in the context of climate change. It’s noteworthy that in June the ICJ authorised COSIS to participate in the court’s proceedings.