Author
Dr Jie Li
Organisation/Institution
Northwest University of Political Science and Law
Country
CHINA
Panel
International Law
Title
ITLOS Advisory Opinion on Climate Change：New challenges and future developments of UNCLOS
Abstract
Global climate governance and international ocean regime have gradually become intertwined. The International Tribunal for the Law of the Sea (ITLOS) delivered its Advisory Opinion on Climate Change on 21 May 2024. Although the ITLOS advisory opinion is well-reasoned and has many supporters, there are still some issues that deserve further discussion, including procedural disputes regarding the "advisory jurisdiction of the ITLOS”, and substantive interpretation of the obligation to "protect and preserve the marine environment" in Part 12 of the UNCLOS. UNCLOS could play a certain positive role in climate change mitigation and adaptation in terms of its spirit of purpose, obligation setting, and dispute settlement. However, it is not realistic to rely on the law of the sea system to comprehensively adjust "ocean-climate" issues, and there are obvious theoretical gaps and practical dilemmas. In contrast, the path of “Taking climate change institutions as the main channel and supplementing by ocean governance systems” is more feasible. Whether it is the sustainable development of the ocean or climate change mitigation, they are important platforms for Asia to fully participate in global governance and are also valuable opportunities for safeguarding regional development rights and interests. Asian countries could strengthen the coordinated development of climate issues and ocean issues from multiple angles in the future.
Biography
Dr. Jie Li is currently a lecturer at School of International Law, Northwest University of Political Science and Law, Xi’an, China. She obtained her PhD at Wuhan University, China (Wuhan University Institute of International law). She was a guest researcher at Utrecht University (Netherlands Institute for the Law of the Sea). Her research interests lie in the law of the sea, especially focus on marine environmental protection.
