Industrial emissions also pollute the oceans:the historic UN ruling

“Anthropogenic emissions of greenhouse gases constitute a form of pollution of the marine environment”.This is what the International Tribunal for the Law of the Sea (Itlos), an independent body of the United Nations, established in an advisory opinion released on 21 May.The opinion is not binding, but the decision has the potential to influence case law.In other words, the decision can be used in future climate litigation at any level to force governments to improve their policies against the climate crisis.The advice comes in response to a group of small island states particularly threatened by climate change.The increase in the concentration of CO2 in the atmosphere means that a greater quantity reacts with sea water, causing an increase in the acidity of the oceans with absolutely non-negligible consequences on marine life and the balance of ecosystems.

Such a decision comes out from a historic hearing, staged in the court in Hamburg, Germany, last September, when small island nations disproportionately affected by the climate crisis faced off against countries that emit the most greenhouse gas emissions.The appellant nations – including the Bahamas, Tuvalu, Vanuatu, Antigua and Barbuda – had asked ITLOS to establish whether carbon dioxide emissions absorbed by the marine environment could be considered pollution.In its opinion, the International Tribunal for the Law of the Sea he claims that the signatories of the United Nations Convention on the Law of the Sea (Unclos) – the majority of countries, even if a large reality such as that of the United States of America is missing – have a “specific obligation” to adopt “ all necessary measures to prevent, reduce and control marine pollution resulting from anthropogenic greenhouse gas emissions”, harmonizing their political actions on the topic.Such measures, Itlos writes, “should be determined objectively, taking into account, among other things, the best available science and relevant international norms and standards” which are contained “in climate change treaties such as the UNFCCC and the Paris Agreement”.In particular, there is talk of the objective of "limiting the increase in temperature to 1.5°C" and of maintaining the "timing" necessary to achieve it.

Itlos adds that, in view of the objective, states are required to "due diligence”:a "rigorous" standard, given "the high risks of serious and irreversible damage to the marine environment resulting from such emissions", which however can "vary depending on the capabilities and available resources of the States".Another specific obligation for countries, according to Itlos, is to "cooperate, directly or through competent international organizations, in a continuous, significant and good faith manner" with a view to the prevention, reduction and control of marine pollution from anthropogenic emissions of greenhouse gases.Now, at least on paper, it should be easier legally obligate highly emitting states to act against climate change.

The data is there they tell who pay the price for the indiscriminate policies of resource exploitation and industrialization of the developed states which have contributed significantly to the climate crisis are, in particular, developing countries and small island states, who suffer most from the effects of devastating meteorological events caused by climate change without having the greatest responsibility.Just think of the consequences that hurricanes of increasingly greater intensity, such as the one that hit the Philippines at the beginning of 2022, have on small island states, which contribute to global emissions to an extent slightly higher than 0%.Since the 2000s, as many as 80% of extreme climate events have been tropical storms, 90% of which have occurred in developing countries and small island states, which make up 0.7% of the world's population.

The USA dominates the ranking of the countries with the highest global CO2 emissions since the Industrial Revolution, having produced 25% of total emissions to date.Europe follows, with a figure of 22% of overall cumulative emissions, of which the entire African continent is responsible for just 3%.In 2020 alone, all African countries (excluding South Africa) and most of the countries in Latin America and South-East Asia contributed less than 0.5% to overall CO2 emissions.In this context we therefore speak of "climate debt", i.e. the debt that developed countries have contracted with developing ones following the disproportionate contribution to the environmental crisis.Specifically, it is a measure aimed at a fair distribution of the obligations of each country in the race to achieve the objectives established by the Paris Agreements for 2030 (for the moment impracticable, given the lack of commitment from developed countries).Which, unfortunately, has not found concrete application to date.

[by Stefano Baudino]