Doctrinal Approaches to Climate Change Obligations: A Comparative Analysis of Germany, the European Union, and the International Tribunal for the Law of the Sea in Advisory Proceedings
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Pollack, M. Doctrinal Approaches to Climate Change Obligations: A Comparative Analysis of Germany, the European Union, and the International Tribunal for the Law of the Sea in Advisory Proceedings. German Yearbook of International Law, 99999(), 1-22. https://doi.org/10.3790/gyil.2025.409902
Pollack, Moritz J. "Doctrinal Approaches to Climate Change Obligations: A Comparative Analysis of Germany, the European Union, and the International Tribunal for the Law of the Sea in Advisory Proceedings" German Yearbook of International Law 99999., 2025, 1-22. https://doi.org/10.3790/gyil.2025.409902
Pollack, Moritz J. (2025): Doctrinal Approaches to Climate Change Obligations: A Comparative Analysis of Germany, the European Union, and the International Tribunal for the Law of the Sea in Advisory Proceedings, in: German Yearbook of International Law, vol. 99999, iss. , 1-22, [online] https://doi.org/10.3790/gyil.2025.409902
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Doctrinal Approaches to Climate Change Obligations: A Comparative Analysis of Germany, the European Union, and the International Tribunal for the Law of the Sea in Advisory Proceedings
German Yearbook of International Law, Online First : pp. 1–22
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Moritz J. Pollack, Max Planck Institute for Comparative Public Law and International Law Heidenstückerweg 24 76189 Karlsruhe, Germany
- The author is a trainee lawyer at the higher regional court of Karlsruhe (OLG). He worked as a research assistant at the Max-Planck-Institute for Comparative Public Law and International Law in Heidelberg and holds a Diploma of the Rhodes Academy of International Oceans Law and Policy.
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Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Moritz j. Pollack\nDoctrinal Approaches to Climate Change Obligations: A Comparative Analysis of Germany, the European Union, and the International Tribunal for the Law of the Sea in Advisory Proceedings | 1 | ||
| I. Introduction | 1 | ||
| II. Germany’s Position on Jurisdiction and Admissibility | 2 | ||
| III. Absence of Statement on the Merits by Germany | 4 | ||
| A. Germany’s Participation in Advisory Proceedings Before International Courts | 4 | ||
| B. The Participation of Germany, the EU and its Member States Before ITLOS | 6 | ||
| C. Germany’s Endorsement of the EU’s Statement: Strategy or a Question of Attribution? | 7 | ||
| IV. Arguments Comparing the Climate Change Doctrine of the EU and ITLOS | 8 | ||
| A. Question (a): Climate Change and Article 194 UNCLOS | 9 | ||
| 1. Making UNCLOS Climate Change Ready | 9 | ||
| 2. Specific Climate Change Obligations Under UNCLOS: The Question of Inter-Treaty Relationships | 11 | ||
| B. Question (b): Climate Change and Article 192 UNCLOS | 14 | ||
| C. Between the Lines: The EU’s Approach in the Light of Article 235(1) UNCLOS | 19 | ||
| V. Conclusion | 21 |