By Orville Williams
Small island states including Antigua and Barbuda have received a timely show of support in their fight for climate protection from the world’s 12th most populous country, the Philippines.
The Commission of Small Island States on Climate Change and International Law (COSIS) is currently involved in advisory proceedings before the International Tribunal for the Law of the Sea (ITLOS).
The group is seeking guidance from the body on the specific obligations of states under the United Nations Convention on the Law of the Sea (UNCLOS) in the context of sustained damage to the global marine environment, and the climate change events that arise as a result.
Addressing the proceedings on Tuesday, the Philippines’ Permanent Representative to the United Nations, Carlos Sorreta, delivered a statement of support that was surely well received by COSIS member states.
He posited that ITLOS does have the authority to release an advisory opinion on the matter, pointing to a number of international rules and laws – including the Convention on Biological Diversity, the Paris Agreement, UNCLOS, and the United Nations Framework Convention on Climate Change – that require countries to protect the marine environment.
“There exists no compelling reason for the tribunal to decline giving an advisory opinion, rather what exist are compelling reasons for the tribunal to exercise its discretion and issue an advisory.
“The advisory opinion should rule that there are specific identifiable obligations on the part of the state parties to UNCLOS to prevent, reduce and control pollution of the marine environment in relation to the deleterious effects of climate change,” Sorreta said.
COSIS was co-founded by Prime Minister Gaston Browne and his counterpart, Prime Minister Kausea Natano of Tuvalu, during COP26 in 2021, with the objective of seeking compensation from major polluting countries for those worst affected by climate change.
The body then submitted an official request to ITLOS for an advisory opinion late last year, which led to the ongoing proceedings that are set to run from September 11 to 25 in Hamburg, Germany.
“As an archipelagic state comprised mostly of small islands, and one of the most vulnerable to and most affected by climate change, the Philippines stands in solidarity with COSIS and all the small island states that comprise it and outside of its membership, and support their initiative to request the tribunal’s advisory opinion.
“Fundamental to our position is that while UNCLOS was not designed as a mechanism for regulating climate change, its mandate is broad enough to consider the connection between climate and the oceans.
“It is, among others, a strong, innovative and comprehensive global environmental treaty governing over two-thirds of the planet. It must be interpreted and applied with subsequent developments in international law and policy in mind,” Sorreta added.
Along with Antigua and Barbuda and Tuvalu, countries including the Bahamas, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines and Vanuatu have joined the effort to secure climate justice and protect their countries from the harsh effects of climate change.
After the proceedings are completed, ITLOS is expected to issue an advisory opinion which, though not legally binding, should offer proper guidance on legal matters for the countries as they continue to seek redress.