Taking the current when it serves: Prospects and challenges for an ITLOS advisory opinion on oceans and climate change

The 2021 Agreement for the Establishment of Commission Small Island States on Climate Change and International Law has brought prospect an advisory opinion climate change from Tribunal Sea (ITLOS) a step closer to reality. authorizes COSIS submit request full Tribunal, following road paved first time—and not uncontroversially—by 2015 ITLOS Sub-regional Fisheries Advisory Opinion. This article explores potential progressive development (erga omnes) obligations under law sea in relation by means opinion, as well challenges that may be encountered. Drawing previous case law, it reflects suitability route, substantive strategic considerations future implications change.