The opening ceremony of the 2nd International Conference on Ocean Governance at the University of Ghana School of Law (UGSoL) saw a keynote intervention by Judge Keh Kamara of the International Tribunal for the Law of the Sea (ITLOS), who cautioned that climate change and greenhouse gas emissions fall squarely within binding obligations under the United Nations Convention on the Law of the Sea (UNCLOS).
Speaking on Tuesday, 2nd September, Judge Kamara drew from ITLOS’s landmark advisory opinion requested by the Commission of Small Island States on Climate Change and International Law, which clarified states’ legal duties under UNCLOS. He noted that the opinion, issued in December 2012, had already begun shaping global legal and policy debates.
“The tribunal concluded that greenhouse gas emissions, once absorbed by the oceans, fall within the definition of pollution under Article 1 of UNCLOS. Consequently, state parties are obliged under Article 194(1) to take all necessary measures to prevent, reduce, and control this form of pollution,” he explained.
He added that these obligations are enforceable, unlike the nationally determined contributions of the Paris Agreement.
“Unlike the Paris Agreement’s nationally determined contributions, UNCLOS imposes binding and enforceable legal obligations,” he stressed, making it clear that compliance with climate treaties alone does not discharge obligations under UNCLOS.
Judge Kamara underscored the adaptive role of science in shaping legal duties, noting that states’ actions must be informed by the “best available scientific evidence, including the work of the Intergovernmental Panel on Climate Change (IPCC).” He described ocean governance as a dynamic field requiring “forward-looking, adaptive approaches” to marine pollution, ocean warming, sea-level rise, and acidification.
The judge emphasized that UNCLOS remains a “constitutional framework for the oceans”, draughted over 40 years ago but still capable of accommodating modern challenges such as climate change. The tribunal’s opinion also highlighted the coherence between UNCLOS and other environmental regimes, including the UN Framework Convention on Climate Change.
In addition to legal perspectives, the conference featured strong policy messages. Norway’s Deputy Head of Mission, Ingrid Skjolaas, highlighted her country’s ratification of the Biodiversity Beyond National Jurisdiction Agreement earlier this year, calling it a “cornerstone of our international ocean policy.” She urged swift global agreement on a treaty to end plastic pollution, warning that the absence of consensus “affects every coastline and every community.”
From Ghana’s side, Solicitor-General Helen Ziwu stressed that ocean governance requires institutional reform, pointing to proposals for a dedicated centre at the University of Ghana. “My office is open to working closely with the university in this regard,” she affirmed.
Dr Peter Dery, representing the Ministry of Environment, warned of the heavy toll of IUU fishing and plastic pollution, which drain the country of over $100 million annually combined. He argued that ocean governance must be integrated into Ghana’s climate action and driven by multi-stakeholder partnerships.
The academic leadership of the University of Ghana, represented by Prof. Godwin Awandare and Prof. Peter Atupare, stressed the institution’s strategic commitment to interdisciplinary research and policy-shaping outputs.
