Background and Theoretical Foundations: Climate change, as one of the greatest global challenges of the 21st century, has confronted humanity with multi-dimensional risks and consequences. This phenomenon, caused by the increased concentration of greenhouse gases in the Earth's atmosphere, has gradually had and will continue to have widespread impacts on the environment, the economy, and human societies. The rise in the Earth's average temperature, along with the melting of polar and mountain ice, has not only led to the rise in sea levels and the submergence of coastal areas, but has also severely affected natural ecosystems and wildlife. Moreover, changes in rainfall patterns and prolonged droughts have resulted in the depletion of freshwater resources and the weakening of food security in many parts of the world. These changes have also led to an increase in the frequency and intensity of natural disasters such as floods, severe storms, and wildfires, causing further economic and human losses. To address this immense challenge and reduce its damages, the global community requires urgent and extensive action. In this regard, international cooperation and shared commitments to reduce greenhouse gas emissions and adopt adaptation policies for climate change are of utmost importance. International agreements such as the Kyoto Protocol and the Paris Agreement are significant steps towards establishing legal frameworks for reducing greenhouse gas emissions and strengthening adaptation efforts. However, these agreements face numerous challenges in terms of interpretation, implementation, and compliance with obligations. Disputes over the responsibilities of countries, particularly in distinguishing obligations between developed and developing nations, are among the obstacles hindering the full implementation of these agreements.
In this context, international law and international judicial bodies play a crucial role in defining and clarifying the responsibilities and obligations of countries. These institutions can contribute to improving the implementation of commitments and enhancing international cooperation in addressing climate change by providing legal solutions and judicial decisions on disputes between countries. Furthermore, the development and strengthening of existing legal regimes and the creation of new mechanisms for monitoring the implementation of obligations and ensuring countries' compliance with agreements are among the measures that can help better manage climate change.
Methodology: This article examines international texts and agreements related to climate change management and analyzes and interprets international legal commitments in this area using a library-based approach..
Findings: The findings of this article indicate that international dialogue and consultative mechanisms, such as the advisory jurisdiction of the International Tribunal for the Law of the Sea, can aid in interpreting obligations, resolving disputes, and providing advisory opinions on climate change. Therefore, to enhance the effectiveness of legal tools in addressing climate change, there is a need to develop transparent laws and procedures as well as to strengthen the capacity of international institutions. Consequently, international law and judicial bodies play a key role in managing climate change. International dialogue and consultative mechanisms, such as the advisory jurisdiction of the International Tribunal for the Law of the Sea, can be valuable tools for facilitating cooperation and providing legal solutions in this area.
Conclusion: The agreement of the Commission of Small Island Developing States on Climate Change provides for the possibility of seeking advisory opinions from the International Tribunal for the Law of the Sea. The advisory jurisdiction of the International Tribunal for the Law of the Sea is still in its early stages and faces challenges such as determining the legal basis and the need for transparent rules to establish jurisdiction. Accordingly, the Tribunal must pay careful attention to the precise identification of "relevant agreements" and the preservation of the coherence of its judicial function when providing advisory opinions. Meanwhile, advisory proceedings of the Tribunal can serve as a tool to increase awareness, facilitate political actions, and provide legal solutions regarding climate change. |
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