The Nexus Between UNCLOS and Climate Change Law: The Contribution of Southeast Asian States

Abstract

The important role that the ocean can play in responding to climate change has garnered much attention over the past decade. The ocean-climate nexus has recently come under spotlight, thanks to a request submitted by the Commission of Small Island States on Climate Change and International Law to the International Tribunal for the Law of the Sea (ITLOS) for an advisory opinion on climate change. The advisory opinion is expected to not only bring answers to the questions raised but also potentially contributes to the growing inclusion of the ocean in the climate discussions. This chapter uses the advisory proceedings before ITLOS as a springboard to canvas different ways in which the relationship between UNCLOS and international agreements relating to climate change could be conceived. It then analyses the positions taken by Southeast Asian States on the interaction between climate change and law of sea in order to not only analyse the divergence and convergence in their position with regards to using UNCLOS as a tool to address climate change, but also to identify the unique arguments that they have brought to the debate on the ocean-climate nexus.