Small Island States Win UN Climate Case

Facts

• On Tuesday, a global maritime court ruled that greenhouse gases can be considered marine pollution in a victory for a group of small island nations.¹
• The International Tribunal for the Law of the Sea, a UN court on maritime law, said in its first-ever climate change-related judgment, that fossil fuel emissions absorbed by the ocean constitute marine pollution. The 'advisory opinion' of the court, could set a precedent.²
• The court's expert opinion was sought last September by the Commission of Small Island States on Climate Change and International Law, a group of nine small island states in the Pacific and Caribbean at risk from sea level rise.³
• In its ruling, the court placed the responsibility to mitigate the impacts on the polluting countries. Saying they have 'the specific obligation to take all measures necessary to ensure that...emissions under their jurisdiction or control do not cause damage by pollution to other states and their environment.'⁴
• The United Nations Convention on the Law of the Sea Treaty holds countries accountable for their actions to prevent polluting the ocean, with pollution defined as 'substances or energy into the marine environment.' Carbon emissions had not previously been specified.⁵
• The Commission has celebrated the ruling as a victory. Member states consist of Antigua and Barbuda, Niue, Palau, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Tuvalu, and Vanuatu.⁶

Sources: ¹www.reuters.com, ²CBC, ³Euronews, ⁴www.abc.net.au, ⁵France 24 and ⁶Al Jazeera.

Narratives

• Narrative A, as provided by www.abc.net.au. While the Commission and environmental advocacy groups are celebrating this ruling as a historic victory, the reality is that this court opinion is not legally binding, and at least in the short term, nothing much will change. One court ruling specifying carbon emissions as a marine pollutant doesn't do much unless the polluters are held accountable.
• Narrative B, as provided by Al Jazeera. This ruling is an important first step in protecting the oceans from carbon emissions. This ruling has real material consequences for the people living on island nations vulnerable to climate change, and this is just one of several cases being pursued in a monumental fight for survival. This case will very likely set a precedent for similar cases in the future.

Predictions