Agreement for the Establishment of the Commission of Small Island States on Climate Change and International Law

On October 31, 2021, the leaders of the Government of Antigua and Barbuda and the Government of Tuvalu signed the “Agreement for the Establishment of the Commission of Small Island States on Climate Change and International Law” (the Agreement). As noted in the title itself, the Agreement creates a Commission of “small island states” tasked with promoting international law principles that hold states responsible for failing to protect the marine environment by contributing to climate change. Among the responsibilities outlined in the Agreement, the Commission would have the power to seek advisory opinions from the International Tribunal for the Law of the Sea (ITLOS, or the Tribunal) as part of its efforts to pursue its mandate.