Climate Change and the Use of the Dispute Settlement Regime of the Law of the Sea Convention
(2006) 37 Journal of Ocean Development and International Law 319 - 337
20 Pages Posted: 28 Sep 2014
Date Written: June 1, 2006
This article explores the connection between obligations to reduce greenhouse gas (GHG) emissions under the climate change regime and obligations to protect the marine environment under the United Nations Convention on the Law of the Sea (UNCLOS). Within the context of the state of the science on the links between climate change and the marine environment, the article considers whether the emission of greenhouse gases as a result of human activity constitutes a violation of various obligations under the UNCLOS. Having identified a number of possible violations, the article proceeds to consider the application of the binding dispute settlement process under the UNCLOS and the possibility of a successful claim.
Keywords: climate change, law of the sea, compliance, dispute settlement, marine environment
Suggested Citation: Suggested Citation
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