Analysis of International Advisory Opinions on Climate Change 

By Ella Nightengale-Luhan,
Intern, Summer ‘24
Energy Academic Group

In May 2024, the International Tribunal for Law of the Sea (ITLOS) released the first advisory opinion on climate change from an international legal body. Currently, there are two other advisory opinions on climate change pending: one from the International Court of Justice (ICJ) brought under the United Nations Framework Convention on Climate Change (UNFCCC), and another from the Inter-American Court of Human Rights (IACtHR) under the American Convention on Human Rights. Both are expected to be issued in 2025 or 2026.

The ITLOS opinion held that greenhouse gases (GHGs) are marine pollutants; this finding is significant because it means countries that are parties to the United Nations Convention for Law of the Sea (UNCLOS) must take steps to prevent, reduce and control greenhouse gas emissions under UNCLOS. The pending advisory opinions could reinforce the ITLOS decision and put pressure on the states that are parties to these various Conventions to take additional actions to address climate change.

While advisory opinions are non-legally binding judgements, they are written with the same rigor and attention to detail as decisions in contentious cases and are respected as valuable parts of the law. Consequently, they are sometimes used as supporting legal precedent in legally binding judgements. The ITLOS decision may be a significant source in the ICJ and IACtHR upcoming opinions.

The opinions are part of the larger body of international climate change law. The private sector considers these advisory opinions as relevant to its compliance with international law. For example, the advisory opinions may help shape standards set within the private sector such as the sustainability notations of the American Bureau of Shipping (ABS) which also track the United Nations Sustainable Development Goals. As a result, ABS and its members are working together to seek low carbon fuel alternatives. Advisory opinions also lend themselves to the larger international conversation about climate change and security including among the parties at the UN Conference of Parties (COP 29) taking place in Baku, Azerbaijan in November 2024.

EAG’s Climate Security Pillar will continue to analyze climate change cases, advisory opinions and how they affect security of the United States and its allies.

LEARN MORE

Report available at nps.edu/web/eag/intern-research

EAG Contact: Kristen Fletcher at kristen.fletcher@nps.edu