The Role of an Advisory Opinion of ITLOS in Addressing Climate Change: Some Preliminary Considerations on Jurisdiction and Admissibility
Publikation: Bidrag til tidsskrift › Tidsskriftartikel › Forskning › fagfællebedømt
Standard
The Role of an Advisory Opinion of ITLOS in Addressing Climate Change : Some Preliminary Considerations on Jurisdiction and Admissibility. / Tanaka, Yoshifumi.
I: Review of European Community and International Environmental Law, Bind 31, Nr. 2, 2023, s. 206-216 .Publikation: Bidrag til tidsskrift › Tidsskriftartikel › Forskning › fagfællebedømt
Harvard
APA
Vancouver
Author
Bibtex
}
RIS
TY - JOUR
T1 - The Role of an Advisory Opinion of ITLOS in Addressing Climate Change
T2 - Some Preliminary Considerations on Jurisdiction and Admissibility
AU - Tanaka, Yoshifumi
PY - 2023
Y1 - 2023
N2 - As shown in the Antigua and Barbuda-Tuvalu Agreement of 31 October 2021, the possible role of an advisory opinion of the International Tribunal on the Law of the Sea (ITLOS) as a full court in addressing climate change is attracting growing attention. Adverse impacts of climate change on the oceans can be considered as ‘marine pollution’ under the United Nations Convention on the Law of the Sea. However, to obtain an advisory opinion addressing climate change from ITLOS as a full court is not a straightforward matter because there is a need to cross some procedural hurdles. In light of this, it is necessary to examine some preliminary issues with regard to the Tribunal's advisory jurisdiction. This article therefore offers some preliminary considerations on an ITLOS advisory opinion in addressing climate change, focusing particularly on the legal basis for the advisory jurisdiction of ITLOS as a full court and the admissibility of an advisory opinion.
AB - As shown in the Antigua and Barbuda-Tuvalu Agreement of 31 October 2021, the possible role of an advisory opinion of the International Tribunal on the Law of the Sea (ITLOS) as a full court in addressing climate change is attracting growing attention. Adverse impacts of climate change on the oceans can be considered as ‘marine pollution’ under the United Nations Convention on the Law of the Sea. However, to obtain an advisory opinion addressing climate change from ITLOS as a full court is not a straightforward matter because there is a need to cross some procedural hurdles. In light of this, it is necessary to examine some preliminary issues with regard to the Tribunal's advisory jurisdiction. This article therefore offers some preliminary considerations on an ITLOS advisory opinion in addressing climate change, focusing particularly on the legal basis for the advisory jurisdiction of ITLOS as a full court and the admissibility of an advisory opinion.
U2 - 10.1111/reel.12459
DO - 10.1111/reel.12459
M3 - Journal article
VL - 31
SP - 206
EP - 216
JO - Review of European Community and International Environmental Law
JF - Review of European Community and International Environmental Law
SN - 0962-8797
IS - 2
ER -
ID: 317392498