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Author	Dr Jie Li
Organisation/Institution	Northwest University of Political Science and Law
Country	CHINA
Panel	International Law
Title	The Institutional challenges and Functional Positioning of the UNCLOS in the context of Climate Change ——Starting from the Request for an Advisory Opinion Submitted to the ITLOS
Abstract	Global climate governance and ocean rules system have gradually become intertwined. Commission of Small Island States on Climate Change and International Law (COSIS) submitted issues related to climate change to the International Tribunal for the Law of the Sea (ITLOS), requesting the Tribunal to issue an advisory opinion. This judicial attempt involves procedural disputes regarding the "advisory jurisdiction of the ITLOS”, and substantive interpretation of or even a breakthrough in the obligation to "protect and preserve the marine environment" in Part 12 of the UNCLOS. The existing international legal basis and ocean rules system therefore face challenges. Although 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 issues, they are important platforms for China and other Asian countries to fully participate in global governance and safeguard national interests. China and other Asian countries could strengthen the coordinated development of climate issues and ocean issues from multiple angles in the future.
Biography	Jie Li, Doctor of International Law (got PHD form Wuhan University in 2017)，Lecturer in international law school of Northwest University of Political Science and Law（from 2017 to present），guest researcher of Utrecht University(2015-2016), major in international law of the sea.