The Tribune

By Fay Simmons

Tribune Business Reporter

jsimmons@tribunemedia.net

The Bahamas has joined with other small island states from the Caribbean and the Pacific to launch a landmark case before the International Tribunal of the Law of the Sea (ITLOS) to seek protection of the world’s oceans against climate change and rising temperatures.

The countries are requesting that the ILOTS determine if carbon dioxide emissions absorbed by the oceans can be considered pollutions and what obligations countries that are large carbon emitters have in its prevention.

A request for advisory opinion submitted to ILOTS by the commission of small island states requested that the UN maritime court determine the obligations for state parties under the United Nations Convention of Law of the Sea (UNCLOS) “to prevent, reduce and control pollution of the marine environment in relation to the deleterious effects that result or are likely to result from climate change, including through ocean warming and sea level rise, and ocean acidification, which are caused by anthropogenic greenhouse gas emissions into the atmosphere?”

The effort also seeks to protect the marine environment.

ILOTS agreed to a full hearing of the case with the first session held yesterday in Hamburg, Germany.

Eric Carey, former executive director of the Bahamas National Trust said when the UN determined many maritime laws climate change did not exist and that the laws should be amended to include these important developments.

He said: “Some of these things go back centuries, when they were dividing up the oceans between, two or three countries, and they were only thinking about access to resources. As time went on the discussion started to get more complicated, they have to start thinking about things also protecting the oceans.

“And that’s really important because the language that would have gone into the convention back in the 80s, people didn’t really think about greenhouse emissions. I mean, it wasn’t a thing. Climate change wasn’t a thing.”

He said the effects of climate change have ‘profound and significant impacts’ on small island states and these countries should advocate for their protection.

He said: “UN law of the sea speaks not only to how you manage and divide the marine resources from the point of view of maximum economies, but it also talks about how countries are obligated to protect the environment.

“So now, our countries that are advancing this position to this tribunal are making the case that this new phenom, you know, greenhouse gas emissions and climate change. These are having significant and profound impacts on our way of life and should be considered.”

Mr Carey said although the ITLOS decision is not legally binding, it can be used by the government to advocate for funds that can be put towards environmental and disaster relief and protection. He added that the case is a “powerful advocacy” as legislation must be updated to include current realities.

He said: “The decision isn’t legally binding, its not a legal position, but it is an it’s an international expert’s opinion, and our countries can use that experts opinion during negations at COP or when they are negotiating for more private financing for environment protection, disaster relief and protection and carbon credits. So, while not a legal judgment, is still a very powerful leveraging tool that our countries could use it our advocacy

“And as society progresses and things change, they have to update the legislation. So what our countries are arguing for is that the new realities be included. I think it’s intriguing and it has a lot of merit. I think it’s a very powerful advocacy and I hope it succeeds.”