AbstractThe International Tribunal for the Law of the Sea (ITLOS) has issued its highly anticipated Advisory Opinion on Climate Change and International Law, following a request from the Commission of Small Island States on Climate Change and International Law (COSIS). The landmark Advisory Opinion elucidated numerous contentious issues around the interplay between the climate change and the law of the sea regimes. This article critically examines the ITLOS Advisory Opinion with respect to the relationship between the Paris Agreement and the United Nations Convention on the Law of the Sea (UNCLOS), contextualising them within the extensive academic and political discourse preceding the Opinion. In particular, the lex specialis question is brought into sharper focus. The Tribunal rejected the notion that the Paris Agreement is lex specialis with respect to climate change impacts on the ocean and clarified the nexus between adaptation measures and the overarching obligation to protect and preserve the marine environment. The analysis reveals that the Advisory Opinion conveys a generally critical view of the Paris Agreement, and may, despite its imposition of far‐reaching obligations upon States to mitigate marine pollution from greenhouse gases, inadvertently undermine global efforts to combat climate change. However, by articulating concrete legal obligations for States under the UNCLOS to prevent, control and reduce marine pollution from greenhouse gas emissions, the Advisory Opinion could further strengthen the legal foundations for domestic and international climate change litigation and elevate the profile of the oceans in global climate change negotiations.
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