A Review of Case No.31 of the International Tribunal for the Law of the Sea

国际海洋法法庭第31 号案评析

On May 21, 2024, the International Tribunal for the Law of the Sea issued its first advisory opinion covering climate change in relation to an advisory proceeding initiated by the Small Island States Commission on Climate Change and International Law and re-established its advisory jurisdiction. However, the advisory jurisdiction of the full Tribunal and the relationship between the United Nations Convention on the Law of the Sea and the international legal regime on climate change remain controversial. The effectiveness of advisory opinions has its limitations and has had some negative impacts while having a spillover effect in promoting the rights and interests of small island States. China should continue to actively participate in the Advisory Opinion and call on States Parties to monitor and limit the expansion of the jurisdiction of the International Tribunal for the Law of the Sea and other judicial organs, strengthen domestic climate change response measures and cooperate with global climate governance. At the same time, we should also be vigilant against the use of the expansion of the advisory jurisdiction of the Tribunal and environmental litigation by neighboring countries to provoke new sovereignty disputes.

2024 年5 月21 日，国际海洋法法庭应小岛屿国家气候变化与国际法委员会的请求，首次就气候变化问题发表了咨询意见，并再次确立了其全庭的咨询管辖权。但是，海洋法法庭全庭的咨询管辖权仍然尚存争议，咨询意见效力具有局限性，且在产生溢出效应推动小岛屿国家维护自身权益的同时，产生了一定的负面影响。我国应继续积极参与咨询案，呼吁缔约国对国际海洋法庭的司法机构管辖权的扩张进行监督和限制。同时，我国还要警惕周边国家利用海洋法法庭对咨询管辖权的扩张挑起新的主权争端。