Nations threatened by rising sea levels are asking the court to rule on the responsibilities of marine environment polluters.
On 11 September, a landmark hearing took place at a court in Hamburg, Germany, where small island nations severely affected by the climate crisis faced off against high-emitting countries. This will be the first climate justice case aimed at protecting the ocean. During the two-day hearing, nations including the Bahamas, Tuvalu, Vanuatu, and Antigua and Barbuda will ask the International Tribunal for the Law of the Sea (Itlos) to determine whether greenhouse gas emissions absorbed by the marine environment should be classified as pollution.
The ocean is one of the largest carbon sinks on the planet; it absorbs 25% of carbon dioxide emissions, takes in 90% of the heat generated by these emissions, and produces half of the world's oxygen.
Under the legally binding UN Convention on the Law of the Sea, most countries have an obligation to take measures to prevent, reduce and control marine pollution.
If the case brought by the Commission of Small Island States on Climate Change and International Law (Cosis) is successful, these obligations will include the reduction of carbon emissions and the protection of the marine environment already damaged by existing pollution.