Small island nations facing rising sea levels due to climate change seek UNCLOS obligations to protect oceans, but face opposition from China at the International Tribunal on the Law of the Sea.
Aerial drone view of small islands and lagoons, Efate Island, Vanuatu, near Port Vila.
The island nations formed the Commission of Small Island States on Climate Change and International Law and sought for an advisory opinion of the United Nations maritime tribunal, the International Tribunal on the Law of the Seas , on the obligations of countries to combat climate change. It cited the ITLOS’ Statute that part of its mandate is to issue advisory opinion on provisions related to the implementation of UNCLOS, regarded as the Constitution for the oceans.
“The full Tribunal does not have advisory competence. The competence of the Tribunal derives from the consent of States as reflected in the authorization given by the Tribunal’s constituent documents. As a matter of fact, UNCLOS and its Annexes, including the Statute of ITLOS , do not confer advisory jurisdiction on the full Tribunal,” Ma Xinmin, Director-General, Department of Treaty and Law, Ministry of Foreign Affairs, said.
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