Milbank LLP has assisted a group of United Nations special rapporteurs on human rights in submitting an amicus brief to the International Tribunal for the Law of the Sea (ITLOS) addressing national governments’ responsibilities to protect the world’s oceans from the effects of climate change.
The brief, filed by Milbank and the Vance Center for International Justice, discusses the UN Convention on the Law of the Sea (UNCLOS), a comprehensive legal framework that regulates all ocean space, uses and resources. The treaty has been ratified by more than 160 countries worldwide.
The amicus brief was submitted in Case No. 31, in which the Commission of Small Island States on Climate Change and International Law requested ITLOS to clarify the specific responsibilities of countries that have ratified UNCLOS to prevent, reduce and control pollution of the world’s oceans from climate change impacts, including ocean warming, sea level rise and ocean acidification.
The submission of the special rapporteurs – independent experts appointed by the UN – outlines how UNCLOS should be interpreted and applied alongside international human rights law and international environmental law; how climate-change related pollution of the marine environment threatens human rights; and how countries that are parties to UNCLOS must be held accountable for their obligations under the convention, including reducing greenhouse gas emissions and providing remedies for the violation of the human rights of individuals and communities affected by damage to oceans from climate change.
“The climate crisis continues to affect and displace communities around the world, and those who depend on marine environments face imminent risks to their homes and livelihoods,” Milbank partner Viren Mascarenhas said. “We recognize the importance of international law, including UNCLOS, international human rights and international environmental laws, in tackling climate change and are glad to assist the UN Special Rapporteurs with their efforts.”
Milbank represented the UN Special Rapporteurs on Human Rights and Climate Change (Ian Fry), Toxics and Human Rights (Marcos Orellana), and Human Rights and the Environment (David Boyd).
Mr. Mascarenhas and partner Chris Taufatofua led the Milbank pro bono team, which also included Marcela Barba, Liz Brennen, Caio Junqueira de Brito, Sophie Lawrence, David Paterson, Ari Singzon and Raisha Waller. Co-counsel was Susan Kath and Sam Bookman at the Vance Center for International Justice.
