Ms. Chen Yitong is an Associate Professor of Law School & Polar Research Center, Ocean University of China. She specializes in polar law, law of the sea, and climate change law. She was a visiting scholar (2011-2012) of Elisabeth Haub School of Law at Pace University, United States, and member of Board of Governors of UArctic (2014-2017). She has published over twenty articles and book chapters in Chinese and English, published one academic monograph on Arctic Law, and frequently participated in international and mainland China academic conferences. She chaired ten research projects funded by national, provincial, and ministerial levels in polar law and law of the sea in the past ten years. She frequently participated as an adviser in China’s Delegation to the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) and Antarctic Treaty Consultative Meeting (ATCM) in recent three years.
Climate Advisory Opinion: Challenges and opportunities
Facing the increasingly serious climate change situation, small island states, which are most severely affected by the adverse effects of climate change, have tried to express their reasonable claims and seek their legitimate rights and interests through various international legal channels. This study found out, despite the existence of relevant advisory jurisdiction practice in international tribunals, it’s difficult and challenging for small island states to claim their rights by requesting for advisory opinion on the International Tribunal for the Law of the Sea (ITLOS) for holding States responsible for failure to protect the marine environment caused by climate change and greenhouse gas emissions. The climate advisory opinion is a double-edged sword, by bringing both challenges and opportunities to UNCLOS and UNFCCC regime. Alternative pathways including strengthening Loss and Damage Fund and improving international disaster law are more feasible options.
