Thailand and the International Tribunal for the Law of the Sea's Advisory Opinion on Climate Change

Abstract

Climate change is an increasingly critical global issue, exerting profound impacts on certain countries, particularly small island states, which face the existential threat of submergence and eventual disappearance due to rising sea levels primarily driven by anthropogenic greenhouse gas emissions. The Commission of Small Island States on Climate Change and International Law, thus, has sought an advisory opinion from the International Tribunal for the
Law of the Sea (ITLOS) regarding the obligations of State parties to the 1982 United Nations Convention on the Law of the Sea (UNCLOS) in addressing climate change. The advisory opinion underscores the obligations of States to prevent, reduce, and control marine pollution, as well
as to protect and preserve the marine environment, particularly in relation to ocean warming, sea level rise, and ocean acidification resulting from anthropogenic greenhouse gas emissions. ITLOS also elucidates the legal standards to which States must adhere when regulating activities that contribute to climate change and its impacts on the marine environment, including the interpretation of the precautionary approach and other obligations under UNCLOS. As a party to UNCLOS, Thailand is obliged to comply with these international commitments. Nevertheless, the existing domestic legal framework remains insufficient to fully meet these obligations. The
ongoing development of the draft Climate Change Act B.E. ....represents a promising progression towards strengthening domestic legislation, thereby enhancing the protection of the environment and addressing climate change in a manner more consistent with international legal obligations. This initiative reflects Thailand’s broader commitment to contributing to global efforts to mitigate
climate change.