The International Tribunal for the Law of the Sea (ITLOS) will deliver a landmark advisory opinion on the obligation of states on climate action on May 21.

Yesterday the court said it would issue its opinion at a public sitting at noon, to be read by Judge Albert Hoffmann who presided over the case.

The case was brought to the court by the Commission of Small Island States on Climate Change and International Law (COSIS) which is led by Antigua and Barbuda and the South Pacific island nation of Tuvalu.

The coalition asked the court to consider whether carbon emissions absorbed by the ocean can be classified as marine pollution under international law, and the obligations of larger nations to mitigate against it under the United Nations Convention on the Law of the Sea (UNCLOS).

During a hearing in September 2023, legal representatives for Antigua and Barbuda and COSIS called on the court to consider that the international community cannot take a “myopic” view as it relates to improving the environment, but must have the interests of the world, especially small island states, in mind.

They also argued for the importance of increasing public education on the scientific evidence relating to climate change and the need for generational equity.

This message was also reiterated by Prime Minister Gaston Browne during his address to the tribunal last September.

The reading of the advisory opinion will be broadcast live on ITLOS’ website, with the legal text available shortly afterwards on the tribunal’s website.