The Verdict’s In: Greenhouse Gases are Sea Pollutants

An international court governing the world’s oceans is calling on countries to protect marine environments by reducing their greenhouse gases, a move that some legal analysts say could impact the future pledges countries make under the Paris agreement.

Ross Cullen reports the oceans and coastlines are some of the world’s most beautiful places, but also some of the most fragile. And now a top court says that carbon emissions can be considered a sea pollutant. The international Tribunal for the law of the sea is the UN’s court for marine and maritime disputes.

Its latest ruling is that the emissions from GHGs or greenhouse gases, that are absorbed by the seas are considered marine pollution. The convention and the Paris agreement are separate agreements with separate sets of obligations. Article 194 paragraph 1 imposes on states a legal obligation to take all necessary measures to prevent, reduce, and control pollution from anthropogenic GHG emissions, including measures to reduce such emissions.

The court also called on the world’s most powerful countries to carry more of the burden because small island nations are being disproportionately affected by climate change in the context of marine pollution from anthropogenic GHG emissions. States with greater means and capabilities must do more to reduce such emissions than states with less means and capabilities. The Court’s opinion is only advisory and non-binding, but the ruling could make waves in future climate cases because experts say it could have far-reaching implications for country’s climate change obligations. For EarthX, I’m Ross Cullen.