The ITLOS’ Advisory Jurisdiction after the Advisory Opinion on Climate Change

This article focuses on some aspects related to the legal basis and scope of the advisory jurisdiction exercised by the International Tribunal for the Law of the Sea (ITLOS) in full court. This advisory function is not explicitly provided for either by the Statute of ITLOS or by UNCLOS, while the Tribunal has regulated it in its Rules of Procedure. In addition to its uncertain legal basis, the advisory competence of ITLOS is also characterized by a unique scope, since it can be exercised for the benefit of entities – and with respect to agreements – external to UNCLOS. Moreover, ITLOS has even further expanded it through its case law. This article argues that ITLOS could use its procedural powers so as to both reduce the risks of misuse of its advisory jurisdiction and effectively exercise its advisory role in the current international context.