Implications of the ITLOS Climate Change Advisory Opinion on International Fisheries Law

In its Advisory Opinion on the Request submitted by the Commission of Small Island States on Climate Change and International Law, the International Tribunal for the Law of the Sea (ITLOS) concluded that, under Article 192 of the UN Law of the Sea Convention (UNCLOS), States must take all necessary measures to protect and preserve the marine environment from the impacts of climate change. Acknowledging the disruptive effects of climate change on fish stocks, the Tribunal concluded that Article 192 gives rise to additional obligations under international fisheries law. In particular, States must take climate change impacts into account when conserving and managing fish stocks pursuant to Articles 61, 63, 64, and 117–119 of UNCLOS. This article analyzes ITLOS’ interpretation of these provisions. It then explores their practical implications and applications, given the Tribunal’s limited guidance. Finally, it argues that certain obligations concerning climate-driven stock redistribution remain insufficiently clarified.