The European Court of human rights and Climate Change: An Evolving Jurisprudence

Author : Muhanad Alamro

Abstract :The international legal framework addressing States’ responsibilities for climate change damage, particularly its impact on the marine environment, remains underdeveloped. Given the severe and transboundary impacts of climate change on the marine environment, a state’s failure to mitigate greenhouse gas emissions could give rise to international responsibility under customary international law. This article is going to discuss international Tribunal of the law of sea advisory opinion on climate change that determined that anthropogenic greenhouse gas (GHG) emissions qualify as “pollution of the marine environment” . Therefore, States Parties to the United Nations Convention on the Law of the Sea (UNCLOS) are obligated prevent , reduce, and control such pollution using all necessary measures. These measures must align with the best available scientific knowledge, including IPCC findings and international climate agreements. The Tribunal emphasized harmonizing the Convention with evolving legal and scientific standards to address climate change’s impact on the marine environment.

Keywords :International law, climate change, marine environment, greenhouse gas emissions, UNCLOS, pollution prevention, state responsibility, IPCC, transboundary impacts, environmental protection

Conference Name :International Conference on European Law Analysis (ICELAN-25)

Conference Place Frankfurt, Germany

Conference Date 5th Jun 2025