Ocean Newsletter
No.589 February 20, 2025
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18 Years as a Judge of the International Tribunal for the Law of the Sea
YANAI Shunji (Former Judge of the International Tribunal for the Law of the Sea)
The International Tribunal for the Law of the Sea was established by the United Nations Convention on the Law of the Sea and is composed of 21 judges. The first Japanese judge, Professor Yamamoto Soji, served one term of nine years, after which the author served two terms of 18 years. The majority of judges strive to find the best solution for the cases that are referred to them, so the direction of the judgment is determined through repeated discussions among the judges. The International Tribunal for the Law of the Sea has been highly regarded around the world in the 30 years since its establishment, has begun to accept large cases such as boundary delimitation cases, and its precedents are contributing to the development of the Law of the Sea.
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Advisory Opinion on Climate Change at the International Tribunal for the Law of the Sea
YAMASHITA Tsuyoshi (Research Fellow, Center for International Law and Policy, Tohoku University)
The advisory opinion of the International Tribunal for the Law of the Sea (ITLOS) determined that the parties to the United Nations Convention on the Law of the Sea (UNCLOS) have an obligation to protect and preserve the marine environment from pollution as a deleterious effects of climate change caused by anthropogenic greenhouse gas emissions. Many states and international organizations actively exchanged opinions on marine environmental issues related to climate change, and the issues were organized to promote further negotiations in the future. The important significance of ITLOS as a dispute settlement system can be seen in the organization and promotion of such negotiations.
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Reflection from INC 5- Legally Binding Instrument for Eliminating Plastic Pollution
Emadul ISLAM (Senior Research Fellow, Ocean Policy Research Institute, Sasakawa Peace Foundation)
The article highlights global efforts to tackle plastic pollution through the development of a legally binding international treaty, mandated by the UNEA 5/14 resolution in 2022. The recent INC-5 negotiations in Busan faced challenges, including disagreements on key articles and resistance from petroleum-producing nations. However, over 100 countries supported ambitious goals, such as limiting plastic polymers. Despite delays, progress continues, with strong civil society backing and plans for further negotiations in 2025 to finalize a comprehensive treaty.
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Ensuring Ocean Equity
Stephanie JUWANA (Co-founder and Program Director at Indonesia Ocean Justice Initiative)
In the midst of a global economy facing many challenges, the ocean is increasingly viewed as a promising economic frontier, and investments in the blue economy have surged. However, if the blue economy is promoted without integrating equity, it could result in widespread injustice. Ensuring ocean equity is essential in promoting durable economic growth, enhancing social stability, and unlocking the full potential of the ocean as a sustainable resource.