Doctrinal Approaches to Climate Change Obligations: A Comparative Analysis of Germany, the European Union, and the International Tribunal for the Law of the Sea in Advisory Proceedings
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Doctrinal Approaches to Climate Change Obligations: A Comparative Analysis of Germany, the European Union, and the International Tribunal for the Law of the Sea in Advisory Proceedings
German Yearbook of International Law, Vol. 67(2024), Iss. 1 : pp. 465–486 | First published online: June 24, 2025
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NA Moritz J. Pollack, Max Planck Institute for Comparative Public Law and International Law 76189 Karlsruhe, Germany
- The author is a trainee lawyer at the higher regional court of Karlsruhe (OLG). He worked as a research assistant at the Max-Planck-Institute for Comparative Public Law and International Law in Heidelberg and holds a Diploma of the Rhodes Academy of International Oceans Law and Policy.
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Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Moritz J. Pollack\nDoctrinal Approaches to Climate Change Obligations: A Comparative Analysis of Germany, the European Union, and the International Tribunal for the Law of the Sea in Advisory Proceedings | 465 | ||
| I. Introduction | 465 | ||
| II. Germany’s Position on Jurisdiction and Admissibility | 466 | ||
| III. Absence of Statement on the Merits by Germany | 468 | ||
| A. Germany’s Participation in Advisory Proceedings Before International Courts | 468 | ||
| B. The Participation of Germany, the EU and its Member States Before ITLOS | 470 | ||
| C. Germany’s Endorsement of the EU’s Statement: Strategy or a Question of Attribution? | 471 | ||
| IV. Arguments Comparing the Climate Change Doctrine of the EU and ITLOS | 472 | ||
| A. Question (a): Climate Change and Article 194 UNCLOS | 473 | ||
| 1. Making UNCLOS Climate Change Ready | 473 | ||
| 2. Specific Climate Change Obligations Under UNCLOS: The Question of Inter-Treaty Relationships | 475 | ||
| B. Question (b): Climate Change and Article 192 UNCLOS | 478 | ||
| C. Between the Lines: The EU’s Approach in the Light of Article 235(1) UNCLOS | 483 | ||
| V. Conclusion | 485 |