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September 17, 20251 citationsOpen Access

From Sidelines to Center Stage

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SRSebastián RiosecoTRTejas Rao

Key Points

  • Climate litigation marks a pivotal change in how international courts interpret COPs and shape international law.
  • The International Tribunal for the Law of the Sea and other courts are taking on authoritative roles, enhancing their significance in global governance.
  • This analysis reveals the potential for COPs to become key norm-creators within treaty regimes, moving beyond diplomatic functions.
  • Understanding the evolving interaction between COPs and international courts is crucial for future climate governance.

Abstract

The trilogy of climate advisory opinions from the International Tribunal for the Law of the Sea, Inter-American Court of Human Rights, and the International Court of Justice marks a watershed moment not only for climate litigation but also for understanding the evolving role of Conferences of the Parties (COPs) in international law. This post analyses the courts' engagement with COPs and argues that it represents another step in clarifying their institutional role in global governance – one that elevates these treaty bodies from largely diplomatic forums to authoritative interpreters and potentially norm-creators within treaty regimes.

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Cite This Study

Rioseco et al. (2025) studied this question.

synapsesocial.com/papers/68d4605131b076d99fa5fcbahttps://doi.org/10.59704/eb4f15a5a1f0bd5e
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