DLA Piper advises Timor-Leste in landmark climate ruling

DLA Piper has advised the Democratic Republic of Timor-Leste pro bono in obtaining a landmark climate ruling from the International Tribunal for the Law of the Sea (ITLOS).

“The ruling found states have obligations to prevent, reduce, and control anthropogenic greenhouse gas emissions and their adverse effects on the marine environment,” said Stephen Webb, partner and Head of Energy Sector – Asia Pacific at DLA Piper.

The tribunal found that governments have a stringent duty of due diligence and responsibility to regulate activities emitting greenhouse gases.

“The ruling lends weight to the concerns of nations which are most vulnerable to the impacts of climate change and provides them a legal footing to demand greater climate action,” added Webb.

The tribunal’s ruling further affirmed that developed states have legally binding obligations to support developing States in terms of capacity building, scientific expertise, technology transfer, and financing.

Our two-part article, A New Wave of Climate Action: Unpacking the ITLOS Climate Change Advisory Opinion, summarises the tribunal’s findings in detail, including outlining the arguments states advanced in the written and oral proceedings, potential implications for governments and the private sector, and where to next.

Gitanjali Bajaj, Partner at DLA Piper, said: “The ruling was a world-first and will be followed by the more significant advisory opinion currently before the International Court of Justice (ICJ). While smaller states may struggle to have their voices heard at the climate negotiating tables, targeted litigation to spur both political and legal change from larger, high-emitter States can help level the playing field.”

Elizabeth Exposto, Chief Executive Officer of the Land & Maritime Boundary Office and Chief of Staff to the Prime Minister, H.E. Kay Rala Xanana Gusmão, said: “Timor-Leste was proud its role in the ITLOS proceedings has had a multiplier effect, encouraging greater access to justice for small island developing states and least developed countries on climate change.”

The DLA Piper team comprised Stephen Webb (Partner, Brisbane), Gitanjali Bajaj (Partner, Sydney), the Hon. John Middleton AM KC as Senior Counsel (former judge of the Federal Court of Australia and Senior Advisor at DLA Piper, Melbourne), Eran Sthoeger Esq. as Junior Counsel (New York) and Claire Robertson (Solicitor, Brisbane). Our advocacy in the ITLOS advisory opinion resulted in DLA Piper being shortlisted for the Innovation in Responsible Business Award at the FT Innovative Lawyers Asia Pacific 2024 Awards.

The Land & Maritime Boundary Office (LMBO), led by Elizabeth Exposto, Chief Executive Officer of the LMBO and Chief of Staff to the Prime Minister, H.E. Kay Rala Xanana Gusmão, represented the government of Timor-Leste in the proceedings. The Timor-Leste team included Simon Fenby and Adelsia Coelho (Principal Legal Advisors), Jennise Charmes da Silva (Legal Advisor), and Catarina Antunes (Principal Policy and Strategy Advisor).

“This importance of this matter cannot be understated. Sustainability is a key pillar in our business strategy, and we were honoured to be entrusted with this matter by the government of Timor-Leste,” Gitanjali concluded.

DLA Piper has continued to support SIDS in making an impact in international climate legal proceedings advising the governments of Timor-Leste, Tonga, and Solomon Islands pro bono in separate submissions in the upcoming ICJ climate change advisory opinion. The United Nations General Assembly, by consensus, has requested the ICJ provide an advisory opinion on the obligations of states under international law to protect the climate system from the adverse effects of anthropogenic greenhouse gas emissions for states and for present and future generations. The ICJ has also been asked to consider the legal consequences for states that have caused significant harm to the climate.