Facing various challenges associated with climate change, a question arises as to how one can address these newly emerging issues under the United Nations Convention on the Law of the Sea (UNCLOS). There, the resilience of UNCLOS is at issue. An obligation of due diligence articulated by the International Tribunal for the Law of the Sea (ITLOS) in its advisory opinion on climate change provides an insight into this issue. Thus this article examines the resilience of UNCLOS in the particular context of ocean-climate nexus focusing on an obligation of due diligence. It will argue, inter alia that an obligation of due diligence can perform a dual function to enhance the resilience of UNCLOS: an interstitial function to incorporate new environmental norms into UNCLOS and a systemic function that connects the Paris Agreement to UNCLOS.
Yoshifumi Tanaka (Wed,) studied this question.