In May 2024, the International Tribunal for the Law of the Sea (ITLOS) issued a landmark advisory opinion on climate change under international law. It unanimously determined that State Parties to the United Nations Convention on the Law of the Sea have specific obligations to take all necessary measures to prevent, reduce, and control marine pollution from anthropogenic greenhouse gas emissions. ITLOS noted that these obligations are ones of due diligence, and the standard of due diligence is “stringent,” given the high risks of serious and irreversible harm to the marine environment due to climate change; but it does not clarify what “stringent” due diligence means. This Comment provides an initial understanding of stringent due diligence by referencing the precautionary approach and the International Law Commission’s Draft Articles on Prevention of Transboundary Harm From Hazardous Activities.

The Stockholm Resilience Centre has concluded that the number of “planetary boundaries” we are crossing has increased from three in 2009, when the Centre’s researchers first introduced the concept, to six in 2023. Crossing these boundaries means humans are changing basic attributes of planetary systems to the point of risking the future of civilization. And the distinction between “safe” and “just” planetary boundaries raises questions regarding how to conceptualize the “good life.” In this latest in a biannual series of essays, members of the Environmental Law Collaborative explore conceptions of the “good” as well as the various elements necessary to a good life in the Anthropocene, from choice to respect to requirements like freshwater to amenities like outdoor recreation.