Could the law of the sea be used to protect small island states from climate change?

Photo: Oliver Foerstner, Shutterstock. Retrieved from theconversation.com

Climate change will wreak havoc on small island developing states in the Pacific and elsewhere. Some will be swamped by rising seas. These communities also face more extreme weather, increasingly acidic oceans, coral bleaching and harm to fisheries. Food supplies, human health and livelihoods are at risk. And it’s clear other countries burning fossil fuels are largely to blame.

Yet island states are resourceful. They are not only adapting to change but also seeking legal advice. The international community has certain legal obligations under the law of the sea. These are rules and customs that divvy up the oceans into maritime zones, while recognising certain freedoms and duties.

So island states are asking whether obligations to address climate change might be contained in the United Nations Convention on the Law of the Sea. This is particularly important as marine issues have not received the attention they deserve within international climate negotiations.

If states do have specific obligations to stop greenhouse gas pollution damaging the marine environment, then legal consequences for breaching these obligations could follow. It is possible small island states could one day be compensated for the damage done.