Wanping Zeng ^*

• Fudan University, Shanghai, China

Climate change presents a critical global challenge, compelling states to develop and implement robust legal and policy frameworks. In 2024, the International Tribunal for the Law of the Sea (ITLOS) issued its Advisory Opinion in Case No. 31, elucidating the legal obligations of states to address climate change under the United Nations Convention on the Law of the Sea (UNCLOS) and underscoring the significance of the marine environment in this context. This paper provides a detailed analysis of the Advisory Opinion and further examines the challenges posed by the Advisory Opinion to China’s current legal framework on climate change. These challenges include the broadening of legal responsibilities, the need to harmonize international law with domestic legislation, and the increased exposure of domestic enterprises to international climate change litigation. The study concludes that the Advisory Opinion imposes a higher standard for China’s legislative response to climate change, necessitating a thorough integration of its international legal obligations into its domestic legal framework. In response, this paper offers several recommendations for China, including the development of a comprehensive legal framework for climate change, the reinforcement of due diligence obligations, the establishment of a robust climate change monitoring and assessment system, and the enhancement of domestic enterprises' capacity to manage international climate change litigation. These measures aim to ensure that China plays an active role in global climate governance. The findings of this study provide valuable insights for the advancement of China’s climate change law and its integration into the international legal framework, offering essential guidance for China to assume greater responsibility and influence within the global climate legal system.