UCLA Journal of Environmental Law and Policy

Small island developing states (SIDS) are experiencing climate change not just as a threat to their lifestyle, but as an immediate threat to their existence. Climate change poses unique risks to these islands, due to their small size, low-lying nature, lack of infrastructure, and minimal adaptation resources. Furthermore, climate change impacts the sea more than most other ecosystems. Ninety percent of global warming is occurring in the world’s oceans. Because SIDS are exceptionally dependent on the ocean for natural resources and various sources of income, their continued existence is dependent upon both fighting climate change and protecting oceans.

This paper will argue that the international tools being used to protect the world’s oceans can also be effective tools to fight climate change. As greenhouse gas emissions continue to intensify ocean warming and irreparably harm ocean resources, SIDS can argue that these emissions violate internationa ltreaties and customary law meant to protect the ocean and its resources.

This paper will also propose three concrete ways that legal advocates for SIDS—activists, lawyers, government actors, and NGOs—can use these arguments: First, the arguments can be brought to the International Court of Justice to request an advisory opinion focusing specifically on emissions causing ocean warming. Second, they can be brought to the International Tribunal on the Law of the Sea with the same request. Finally, they can be codified into a new treaty committed specifically to slowing the warming of the world’s oceans.