Thread by @duycks

⚖️🌐Continuing today: historic #ClimateJustice public hearings at 🏦International Tribunal on Law of the Sea where Small Islands States' representatives are laying arguments for a strong Advisory Opinion #ITLOSAO
📝I am reporting on today's hearings in 🧵below👇

2/ Context: this is 2nd day of pleading here in Hamburg 🇩🇪: representatives of Small Islands States / @COSIS_ccil are now presenting legal arguments related to the questions before the tribunal. 34 States and 4 international organisations will then plead over following 2 weeks

@cosis_ccil 3/Yesterday AM, Small Islands States officials opened the hearings with powerful testimonies addressing need/urgency for this #ITLOSAO after decades of inadequate climate action under #UN climate agreeements, stressing importance of oceans for their people

https://twitter.com/duycks/status/1701151148197970096

@cosis_ccil 4/ #ITLOSAO then @COSIS_ccil reps presented key scientific facts re: climate impacts-current & foreseen-on Islands States & legal basis in UNCLOS (UN Convention on Law of Sea) for dynamic interpretation of States' duties on basis of latest scientific data

https://twitter.com/duycks/status/1701221986838397092

@cosis_ccil 5/ Prof @Brian_K_McGarry at @ITLOSAO addresses whether the tribunal is competent to address the questions before it: an advisory opinion of the @ITLOS_TIDM on matters related to States responsibility under UNCLOS is not only possible, it is necessary

@cosis_ccil @Brian_K_McGarry @ITLOS_TIDM 6/ Prof @Brian_K_McGarry at @ITLOSAO: both requirements for an advisory opinion are met
1⃣the tribunal has jurisdiction (it has the relevant mandate through the COSIS agreement & the question relates to a legal matter)
2⃣the request is admissible

@cosis_ccil @Brian_K_McGarry @ITLOS_TIDM 7/ Prof @Brian_K_McGarry at @ITLOSAO rejects the 3 arguments used by some other States questioning admissibility:
🔸the Qs related to *existing* legal obligations
🔹the Qs are not unreasonably broad
🔸Small Islands States are entitled to request this AO through @COSIS_ccil

@cosis_ccil @Brian_K_McGarry @ITLOS_TIDM 8/ Prof. @JuttaBrunnee presentation at #ITLOSAO now addresses the core of the questions before the @ITLOS_TIDM: what is the scope of States' obligations in context of climate change, defining due diligence under international law

@cosis_ccil @Brian_K_McGarry @ITLOS_TIDM @JuttaBrunnee 9/ Prof. @JuttaBrunnee at #ITLOSAO: stringency of due diligence obligations is determined by degree of risk, foreseeability & severity of potential harm, referring to Int' Law Commssion's Draft articles on Prevention of Transboundary Harm
📄 legal.un.org/ilc/texts/inst…

@cosis_ccil @Brian_K_McGarry @ITLOS_TIDM @JuttaBrunnee 10/ Prof. @JuttaBrunnee at #ITLOSAO: UNCLOS' obligation of due diligence for States to do the utmost to prevent harm must be understood in the context of the goal of protecting & preserving the marine environment, which is essential, including for generations unborn

@cosis_ccil @Brian_K_McGarry @ITLOS_TIDM @JuttaBrunnee 11/ Now speaking at #ITLOSAO: Prof @JMThouvenin, delivering a brilliant legal analysis of the scope of the legal obligations of States under article 194 of the UNCLOS which provides a key legal basis with regards to pollution prevention

@cosis_ccil @Brian_K_McGarry @ITLOS_TIDM @JuttaBrunnee @JMThouvenin 12/Prof @JMThouvenin at #ITLOSAO reviews thoroughly terms & meaning of UNCLOS' key para. to define the conduct of States that is legally required under law of the sea to prevent environmental harm (note the strength of the wording of this article: "all measures", "all sources")

@cosis_ccil @Brian_K_McGarry @ITLOS_TIDM @JuttaBrunnee @JMThouvenin 13/ @JMThouvenin presentation at #ITLOSAO is really where rubber hits the road: the legal obligations of States to take *all* measures necessary to prevent (climate-related) damage to marine environment are more clearly laid out in UNCLOS than many States would like to recognize

14/ after a short break at #ITLOSAO, Catherine Amirfar now addresses how the best available climate science must inform the interpretation of States' duties under the law of the sea, stressing the scientific consensus regarding the need to avoid exceeding 1.5c of warming

15/ Catherine Amirfar lays out clear case at #ITLOSAO for the need to interpret the duty to protect the marine environment as requiring States to take all measures necessary to/do the utmost to limit global average temp. increase to 1.5c

16/ ‼️Catherine Amirfar at #ITLOSAO: States can communicate and implement NDCs under the #ParisAgreement while failing to discharge their obligations under the environmental provisions of UNCLOS if the level of ambition is not sufficient to protect vulnerable marine ecosystems

17/Catherine Amirfar at #ITLOSAO: science informs what is objectively required to fulfil obligations under UNCLOS - incl. by taking into account responsibility and capabilities, thus requiring most wealthy/most emitting States to do more

18/ Catherine Amirfar at #ITLOSAO now lays out the scope of the obligations under UNCLOS with regards to Greenhouse Gas Emissions.
📸The importance of this presentation is made clear by the number of attendees of the hearings taking pictures of these slides.

19/ Prof. Philippa Webb now addressing #ITLOS in relation to the second question before the tribunal regarding the duty to protect and preserve the marine environment in relation to climate change impacts, including ocean warming and sea level rise, and ocean acidification.

20/ Prof. Philippa Webb at #ITLOSAO: issuing and implementing a NDC is neither a floor nor a ceiling when States discharge their duties to protect the marine environment - NDCs might actually be irrelevant to the fulfilment of States' environmental obligations under UNCLOS

21/ P. Webb at #ITLOSAO: Art 192 requires states to protect the marine environment to enable it to serve as a sink & prevent further harm such as through ocean acidification
⚠️it excludes measures that would exacerbate ocean acidification such as through ocean fertilization

22/ #ITLOSAO public hearings concluded for this morning & will resume at 3pm CEST, here is the program for the afternoon: @COSIS_ccil representatives will conclude their pleading in this historic #ClimateJustice advisory proceedings

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