Going full swing on Day 2!
#INC5, Day 2️⃣: Kicking the hornet's nest It was panel day that day and so a very important one for Gallifrey Foundation & Ocean Vision Legal. Indeed, we organised an exciting panel about the ocean-(micro)plastic pollution-climate change nexus, but more importantly, about the legal obligations that States ALREADY have, as per International Tribunal for the Law of the Sea/Tribunal international du droit de la mer's recent Advisory Opinion, to prevent, control and reduce pollution, and that includes PLASTIC pollution and PRODUCTION. States can be sued before international courts if they don't comply. Yes, you read correctly. Want to know more? Below is the presentation of our Ocean champion Dr. Anna von Rebay, and one of the crucial questions that were raised during the discussion. I will share more Q&As and videos in my next posts. So let's remind this to ALL Members States currently negotiating the #PlasticsTreaty... Make sure to download the whole presentation - including the scientific segment - via the QR code at the end of this video, and PLEASE share widely with your delegates, this is of VITAL importance this week!! ----------------------- Q: Some countries do not recognise ITLOS' authority. Can any country in the world be sued for non compliance? A: Yes, but this question actually refers to two elements. The first one is the applicable law. It is the obligation to protect and preserve the marine environment. Obligation is codified in the United Nations Convention for the Law of the Sea that has 170 state parties, so not universal. However, the obligation to protect and preserve the marine environment is not only an UNCLOS regulation, at the same time it is also a universally acknowledged customary international law. This means that there is no one who objected to this obligation and this obligation actually binds the entire international community. So the law applies to them all. The ITLOS, which was established through UNCLOS, only has jurisdiction for those countries who have signed onto that. BUT there is a remedy because there is the International Court of Justice (ICJ). And the law of the sea also applies in ICJ proceedings. The first part of the answer is that the obligation to protect and preserve the marine environment applies to the entire international community and that ALL states can be held liable. -------------------------- https://lnkd.in/eqSkT4Bd #ITLOS #PlasticPollution #PlasticProduction #OceanLitigation #ProductionReduction #ClimateChange