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Advisory Opinion

A1. The IMO and the international regulatory framework

Definition

Non-binding legal opinion that may be sought from ITLOS on questions referred under treaty provisions.

An advisory opinion is a non-binding legal statement issued by the International Tribunal for the Law of the Sea (ITLOS) on a legal question referred to it. The Seabed Disputes Chamber gives advisory opinions under UNCLOS Article 191; the full Tribunal does so where an international agreement related to UNCLOS provides for such a referral, under Article 138 of the ITLOS Rules. ITLOS delivered its 21 May 2024 advisory opinion on climate-change obligations of states regarding marine pollution at the request of the Commission of Small Island States. The opinion binds no party but carries weight in interpreting treaty obligations.

Source: UNCLOS Article 191; ITLOS Rules Article 138