JEAIL > Volume 19(1); 2026 > Issue Focus
Research Paper
Published online: May 30, 2026
DOI: http://dx.doi.org/10.14330/jeail.2026.19.1.01

Strengthening the Ocean Carbon Sink under the UNCLOS: A Preliminary Assessment on the ITLOS Climate Change Advisory Opinion

Xuan Zhu & Wei Shen
Shanghai Jiao Tong University
No. 1954 Huashan Road, Shanghai 200030 P.R. China
Corresponding Author: shenwei@sjtu.edu.cn

ⓒ Copyright YIJUN Institute of International Law
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Abstract
This article examines the Advisory Opinion on climate change put forth by the International Tribunal for the Law of the Sea and its implications for the future integration of ocean and climate governances at both international and national levels. Although the Climate Change Advisory Opinion cannot definitively resolve all questions regarding the relationship between the law of the sea and climate change, it establishes a flexible and scalable framework for clarifying the application and interpretation of the law of the sea, particularly the United Nations Convention on the Law of the Sea in the context of climate change. The International Tribunal for the Law of the Sea recognizes the role of ocean carbon protection as a means of addressing climate change through both adaptation and mitigation. This recognition can enhance legal and financial certainties regarding blue carbon in international cooperation and domestic policy.

Keywords : Advisory Opinion, Climate Change, Due Diligence, Ocean Carbon Sinks, Marine Environmental Pollution

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