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Applicable Law to the ITLOS Advisory Opinion The applicable law for the ITLOS advisory proceedings is determined by Article 293 of UNCLOS. However, ITLOS is not responsible for implementing the UNFCCC or the ParisAgreement. These rules are, in effect, binding norms incorporated into UNCLOS.
Given this, over the last century, a large body of international law has been developed to govern ocean-based activities. But none of the relevant international agreements were designed with ocean CDR in mind. In fact, when the agreements were first adopted, the possibility of ocean CDR was not even being discussed.
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The court ruled that the failure to set specific mitigation measures to slow climate change, in accordance with the state’s obligations under European and international law, is unlawful and infringes the plaintiffs’ right to a favorable environment. 2022 Prague Municipal Court Decision.
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Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. First Circuit Certified State Law Preemption Questions in Case Challenging Local Ordinance Prohibiting Crude Oil Loading at Harbor. and non-U.S. 19-50178 (5th Cir.
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