“Riding the Waves of Justice: How Climate Advisory Opinions Shape Our Legal Duty for a Fossil-Free Ocean” – Center for International Environmental Law

Published June 5, 2025

By Joie Chowdhury, Senior Attorney at the Center for International Environmental Law, Aditi Shetye, Global Strategic Litigation Lead at the World’s Youth for Climate Justice, and Theresa Amor-Juergenssen, Legal Research and Capacity-Building Lead at World’s Youth for Climate Justice.

The 2025 UN Ocean Conference is set to kick off in Nice, France, from June 9 to 13. Leaders are standing at a critical juncture as oceans face threats from climate change, rising sea levels, and biodiversity loss. These issues are not just about nature; they impact the lives and cultures of coastal communities worldwide. For low-lying island nations, rising seas aren’t a distant concern—they’re a fight for survival.

The root cause is the burning of fossil fuels that leads to greenhouse gas emissions. To protect our oceans, nations must commit to a swift and equitable phase-out of fossil fuels. A future without fossil fuels is crucial for both ocean health and the people who depend on it.

Recent statements from Vanuatu echo these sentiments. During hearings at the International Court of Justice, representatives underscored the urgency of their situation. They articulated how their culture and identity are fundamentally tied to the ocean and ancestral lands. With rising sea levels, some island nations may soon vanish, erasing entire cultures and communities. This isn’t a remote worry; it’s happening now. For these communities, maintaining a connection to their lands and waters isn’t just important—it’s essential for survival.

The fight for a fossil-free future is less about environmental policy and more about human rights. Legal advances have made it clear that nations already have obligations under international law to address climate change and safeguard ocean health. These duties are now more crucial than ever.

Recent legal opinions, like the International Tribunal for the Law of the Sea (ITLOS) Advisory Opinion from 2024, affirm that greenhouse gas emissions harm marine environments. Nations must take decisive action to control this pollution. The science supports this too; reducing emissions alone isn’t enough unless we confront fossil fuel production directly.

The International Court of Justice is expected to clarify the legal obligations that nations have regarding climate change. This advisory opinion will also focus on the impacts of climate change on marine and coastal communities, emphasizing that nations must act now.

• Nations must uphold laws that protect climate and ocean health.
• These laws encompass rights to territorial integrity and self-determination, even as sea levels rise.
• Countries must take preventive measures to protect the environment from greenhouse gas emissions.
• Communities affected by climate change have rights to compensation and support.

The Inter-American Court of Human Rights is also expected to address the rights connected to climate and ocean health, focusing on how nations can fulfill their legal responsibilities.

The road ahead is clear: governments must cease expanding fossil fuel projects and rapidly transition to sustainable energy sources. Failure to act now would jeopardize not just the oceans but the rights of generations to come.

As Astrid Puentes, the UN Special Rapporteur, noted, immediate action is necessary to phase out fossil fuel reliance and protect vulnerable marine habitats. The 2025 UN Ocean Conference is a chance for countries to recommit to ocean protection and climate justice. By pursuing a fossil-free future, nations can meet their legal obligations and support communities facing climate challenges. This is no longer just about policy—it’s about equity and survival. What remains unclear is whether those in power will muster the political will to act decisively.

Note: This piece is based on a joint briefing prepared for the UN Ocean Conference by the Center for International Environmental Law, Pacific Island Students Fighting Climate Change, and the World’s Youth for Climate Justice.

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