Protezione degli Oceani e cambiamenti climatici: verso una ridefinizione degli obblighi internazionali degli Stati per la tutela dell’ambiente marino
Journal title CITTADINANZA EUROPEA (LA)
Author/s Michele Corleto
Publishing Year 2026 Issue 2026/1
Language Italian Pages 26 P. 177-202 File size 148 KB
DOI 10.3280/CEU2026-001004
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The recent rise in environmental and climaterelated litigation, at both national and international levels, reflects a gradual shift in states’ obligations regarding environmental protection. In this context, the advisory opinion issued on 21 May 2024 by the International Tribunal for the Law of the Sea (ITLOS), at the request of the Commission of Small Island States (COSIS), constitutes a fundamental contribution to the development of the law of the sea. This study analyses that advisory opinion in the light of contemporary climate case law along three main lines of inquiry. Firstly, it examines the reaffirmation of ITLOS’s advisory jurisdiction and its role in the evolution of maritime dispute resolution, particularly in the light of the 2023 BBNJ Agreement. Secondly, it analyses the classification of anthropogenic greenhouse gas emissions as pollution of the marine environment under the United Nations Convention on the Law of the Sea (UNCLOS), as well as the interpretative approach based on systemic integration with climate law. Finally, it assesses the scope of States’ obligations, in particular the duty of care, the precautionary principle and common but differentiated responsibilities.
Michele Corleto, Protezione degli Oceani e cambiamenti climatici: verso una ridefinizione degli obblighi internazionali degli Stati per la tutela dell’ambiente marino in "CITTADINANZA EUROPEA (LA)" 1/2026, pp 177-202, DOI: 10.3280/CEU2026-001004