ITLOS Advisory Opinion on Climate Change INTRODUCTION On 21 May 2024, the International Tribunal for the Law of the Sea (ITLOS) issued its landmark Advisory Opinion on Climate Change and International Law, the first of a series of advisory opinions on climate change across various judicial fora (see also ICJ and IACHR). The Opinion was requested by the Commission of Small Island States on Climate Change and International Law (COSIS), which presented the Tribunal the following questions: What are the specific obligations of State Parties to the United Nations Convention on the Law of the Sea ..read more

By: Daniel Stein, Assistant Professor, OP Jindal Global University, Jindal Global Law School; Visiting Researcher, Freie Universität, Berlin. PDF: https://site.uit.no/nclos/wp-content/uploads/sites/179/2024/06/Daniel-NCLOS-blog-ITLOS-AO-on-Climate-change-and-CLC_PDF.pdf Matter Commented on: The Conventions regulating Civil Liability for oil spills were not explicitly mentioned by the ITLOS, but several new duties related to transboundary harms and environmental restoration could have implications for the rights and remedies available to States when remediating this type of marine pollution. 1 ..read more

By: Maria Madalena das Neves (Associate Professor at NCLOS, Faculty of Law, UiT-The Arctic University of Norway). PDF: https://site.uit.no/nclos/wp-content/uploads/sites/179/2024/04/Maria-Seabed-Mining_-NCLOS-Blog_290424.pdf Matter commented on: Norwegian Government’s plans for seabed mining and theNorwegian Parliament’s decision to open the Norwegian continental shelf to seabed mining. 1. Introduction On the 12th of April 2024, the Council of State (Kongen i Statsråd) formally decided to open parts of the Norwegian Continental Shelf (NCS) in the Norwegian Sea and Greenland Sea to seabed minin ..read more

By: Philipp P Nickels (Research Fellow and PhD Candidate, NCLOS, Faculty of Law, UiT) PDF: https://site.uit.no/nclos/wp-content/uploads/sites/179/2024/04/The-Relationship-between-the-LOSC-and-the-UN-Climate-Change-Regime-NCLOS-blog.pdf Matters commented on: request for an advisory opinion, ITLOS, COSIS, inter-regime relationships 1 Introduction* On 12 December 2022, the Commission of Small Island States on Climate Change and International Law (COSIS) submitted a request to the International Tribunal for the Law of the Sea (ITLOS) to render an advisory opinion. In its request, COSIS asked ITLOS ..read more

By: Philipp P Nickels (Research Fellow and PhD Candidate, NCLOS, Faculty of Law, UiT) Matters commented on: request for an advisory opinion, ITLOS, COSIS, inter-regime relationships 1 Introduction* On 12 December 2022, the Commission of Small Island States on Climate Change and International Law (COSIS) submitted a request to the International Tribunal for the Law of the Sea (ITLOS) to render an advisory opinion. In its request, COSIS asked ITLOS to clarify ‘the specific obligations of State Parties to the United Nations Convention on the Law of the Sea (the “UNCLOS”), including under Part XII ..read more

By: Konstantinos Deligiannis-Virvos (PhD Research Fellow, Norwegian Centre for the Law of the Sea, UiT) PDF: https://site.uit.no/nclos/wp-content/uploads/sites/179/2024/01/NCLOS-Blog-IMO-and-Climate-Change-final-1.pdf Matters Commented on: North Atlantic Ocean surface temperature rise, IMO 2020 Sulphur Regulation, IMO GHG Strategy, Climate Change 1.      Introduction In the summer of 2023 exceptional sea surface temperatures were recorded on the North Atlantic Ocean, as a climax of a period of rapid warming that began in spring 2023 (Copernicus Programme, 2023). Accord ..read more

By: Alexander Lott (Marie Curie research fellow at the Norwegian Centre for the Law of the Sea). PDF: https://site.uit.no/nclos/wp-content/uploads/sites/179/2023/11/Alexander-Lott-NCLOS-Blog_Nord-Stream-Jus-in-Bello-Case-Study_-Final.pdf Matter commented on: The Nord Stream Explosions in the Baltic Sea 1. Introduction Preliminary Western intelligence reports have emerged about a purportedly pro-Ukrainian group of six divers conducting the sabotage against the Nord Stream pipelines in September last year. The Ukrainian Government denies any involvement in such an alleged operation. Nonetheless ..read more

By: Apostolos Tsiouvalas (PhD Fellow at NCLOS, Faculty of Law, UiT The Arctic University of Norway). PDF: https://site.uit.no/nclos/wp-content/uploads/sites/179/2023/10/Apostolos_NCLOS-Blog_271023_Final.pdf Matter commented on:  Letter of Intent for Cooperation on the Pikialasorsuaq between the Department of Fisheries and Oceans of Canada and the Ministry of Agriculture, Self-sufficiency, Energy and Environment of the Government of Greenland Introduction: The North Water Polynya Pikialasorsuaq (meaning Great Upwelling) is a polynya between Greenland and Nunavut in northern Baffin Bay that ..read more

By: Timo Koivurova (Research Professor at Arctic Centre, University of Lapland); Theresa Winkel (Doctoral Researcher at the Faculty of Law, University of Lapland) PDF: https://site.uit.no/nclos/wp-content/uploads/sites/179/2023/06/NCLOS-Blog_Koivurova_Winkel_Final.pdf Matter commented on: Regulation of Nord Stream Pipelines Introduction In the realm of European energy security, few topics have sparked as much debate and controversy as the Nord Stream pipelines. The two projects, consisting of Nord Stream 1 and the more recent Nord Stream 2, are known as one of Europe’s most significant energ ..read more

By: Mazyar Ahmad PDF: CITES and BBNJ Treaty_NCLOS Blog_final.pdf Matter commented on: Interaction between CITES and BBNJ Treaty 1. Introduction The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) nineteenth Conference of Parties (CoP19) was held in Panama between 10-24 November 2022. Under agenda item ‘introduction from the sea,’ CoP19 directed the CITES secretariat to monitor the then-ongoing discussions on the development of an international legally binding instrument under the United Nations Convention on the Law of the Sea (UNCLOS) on the conservatio ..read more