Small Island States Win Key Climate Case in UN Court

Judge Albert Hoffmann, is pictured before The International Tribunal for the Law of the Sea (ITLOS), gave its advisory opinion on whether countries have a responsibility to reduce emissions and fight climate change in Hamburg, Germany, May 21, 2024. Photo Credit: REUTERS/Fabian Bimmer Purchase Licensing Rights

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Today, Antigua and Barbuda, along with eight other small island states, achieved a significant victory in an international maritime court case focused on climate change.

The UN maritime court ruled in favor of these countries, signaling a crucial win for increased protection of the world’s oceans from the devastating impacts of climate change.

Prime Minister Gaston Browne has been a key advocate for this cause, demonstrating strong leadership in the push for ocean protection.

Notably, when the initiative was first proposed, Antigua and Barbuda was one of only two countries to support the move, showing a proactive stance in the face of initial skepticism from other island nations.

The court found that carbon emissions can be considered a sea pollutant, stating that countries have an obligation to take measures to mitigate their effects on oceans.

The International Tribunal for the Law of the Sea (ITLOS) ruled that anthropogenic GHG emissions into the atmosphere constitute pollution of the marine environment under the international treaty UNCLOS.

Polluting countries are obligated to ensure that their emissions do not cause damage by pollution to other states and their environment.

The case was brought by nine small countries disproportionately affected by climate change, including Antigua and Barbuda, Vanuatu, and Tuvalu.

They asked the court to issue an opinion on whether carbon dioxide emissions absorbed by the oceans can be considered pollution and, if so, what obligations countries have to address the problem.

The UN treaty binds countries to prevent pollution of the oceans, defining pollution as the introduction of substances or energy into the marine environment that harms marine life.

The Center for International Environmental Law (CIEL) said the case is particularly significant because it will be the first of three key international court advisory opinions on climate change.

The others are due to be given by the Inter-American Court of Human Rights and the International Court of Justice.

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