The “Integrative Approach” in the ITLOS Climate Change Advisory Opinion: An Essay in Honor of Aldo Chircop

This article scrutinizes the “integrative approach” taken by International Tribunal for the Law of the Sea (ITLOS) in the Climate Change Advisory Opinion it issued in May 2024. Asked to spell out the obligations of State parties to the United Nations Convention on the Law of the Sea (UNCLOS) with respect to climate change, ITLOS is given the opportunity to offer its view of the relationship between the law of the sea and the wider international legal framework relevant to climate change. By adopting an “integrative approach” to interpreting relevant UNCLOS provisions, ITLOS gives—in a compelling and pithy manner—substance to a comprehensive understanding of the law. This article sets out to examine ITLOS’s integrative approach, with respect both to its underpinnings and its implementation.