Twenty four young people—representing six U.S. states and six Canadian provinces—together with Our Children’s Trust and Oxfam, submitted an Amicus Brief to the International Tribunal on the Law of the Sea (Tribunal) in relation to a request for an Advisory Opinion filed by a group of Small Island States in December 2022. In their request, the Small Island States asked the Tribunal to determine what obligations countries have to prevent harms to the ocean caused by climate change given the requirement under the Convention on the Law of the Sea (Convention), “to protect and preserve the marine environment.”
In drafting its Advisory Opinion, the Tribunal has a crucial opportunity to clarify countries’ responsibilities to take concrete steps to stop climate change, safeguard marine ecosystems, and protect the communities that depend on them. As the world’s highest court for the oceans, the Tribunal’s ruling in this case will have significant ripple effects for climate cases around the world.
The Amicus Brief filed on June 16 emphasizes how critical it is for the Tribunal to rely on the best available science when interpreting countries’ Convention obligations to “prevent, reduce, and control pollution of the marine environment from any sources” including “pollution through the atmosphere.” In particular, the brief stresses that the temperature targets under the Paris Agreement of limiting global average surface temperature rise to 1.5°C or 2.0°C are not based on the best available science and are categorically insufficient to protect our oceans and marine ecosystems as well as the lives and livelihoods of communities worldwide.
According to the brief, if countries are to succeed in fulfilling their legal duties, they must set and meet scientific targets rather than aim for goals established through political negotiations. The brief highlights numerous scientific findings that make clear what needs to be done to avoid catastrophic climate impacts into the future: urgent, drastic cuts to ongoing greenhouse gas emissions and a reduction of atmospheric carbon dioxide levels from the current concentration of about 420 parts per million (ppm) down to less than 350 ppm. It further emphasizes that pathways for countries to achieve this 350 ppm target exist and are feasible.
“At no other time in human history have the world’s marine ecosystems been so vulnerable as they are right now due to climate change,” said Paul Rink, Global Staff Attorney, Our Children’s Trust. “The science is clear: we must act much faster to halt global emissions and remove greenhouse gases from the atmosphere in order to preserve a safe and stable climate for our kids and future generations.”
Ashfaq Khalfan, Oxfam’s Director for Climate Justice added, “Just as are oceans are at a historic crossroads, so too is the Tribunal. As the first international court to say what governments are required to do to tackle the climate emergency, its ruling will either leave the world's oceans and communities everywhere that rely on them unprotected or it will galvanize global efforts to fix this existential threat to humanity."
Read the Amicus Brief here, and the letter asking the Tribunal to accept the brief here. For more information on the Request for an Advisory Opinion currently before the Tribunal, visit the Tribunal’s website here.