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The imperative for coordinated global climate governance is undermined by structural fragmentation within international law, which complicates the enforcement of coherent state obligations. This chapter analyzes this systemic challenge through a critical examination of the International Tribunal for the Law of the Sea’s (ITLOS) 2024 Advisory Opinion, which adopted a restrictive interpretation of applicable legal norms within the regime, particularly with regard to the Paris Agreement’s relationship to UNCLOS obligations. Employing the theoretical framework of inter-legality, this study demonstrates the necessity of comprehensive normative engagement in climate-related adjudication. In this sense, climate litigation permits to construct the case through all legal sources available considering the given facts.

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UNCLOS, Paris Agreement and the ‘External’ Sources: Promising Inter-Legal Reasoning in Climate Litigation

  • 章节

  • 发表日期：

    2026年

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  • Marcos de Armenteras Cabot

摘要

The imperative for coordinated global climate governance is undermined by structural fragmentation within international law, which complicates the enforcement of coherent state obligations. This chapter analyzes this systemic challenge through a critical examination of the International Tribunal for the Law of the Sea’s (ITLOS) 2024 Advisory Opinion, which adopted a restrictive interpretation of applicable legal norms within the regime, particularly with regard to the Paris Agreement’s relationship to UNCLOS obligations. Employing the theoretical framework of inter-legality, this study demonstrates the necessity of comprehensive normative engagement in climate-related adjudication. In this sense, climate litigation permits to construct the case through all legal sources available considering the given facts.