Lawyers Mobilize to Defend the Oceans from Human Threats
Several years ago, Anna von Rebay left her high-paying job in a corporate law firm to follow her passion for the ocean. "All threats to the sea come from humans treating nature as a mere resource," says Von Rebay, who works in Germany and Indonesia. "But the ocean can't defend itself."
Inspired by a wave of lawsuits holding governments and companies accountable for climate actions, she founded Ocean Vision Legal, a unique law firm dedicated to ocean advocacy. "My goal was to motivate individuals, organizations, and states to enforce ocean protection laws," she explains.
Von Rebay is part of a growing movement. The UN Environment Programme (Unep) reported last year that legal actions against governmental and corporate inaction on climate issues are driving change. Over 2,500 climate-related lawsuits have been filed worldwide, many concerning ocean protection.
In January, Von Rebay's firm began proceedings against Germany on behalf of Bund, a German conservation NGO, for permitting bottom trawling in the Dogger Bank marine protected area (MPA). This practice, harmful to marine life, was allowed without an environmental impact assessment, Bund claims. "We believe this is illegal, and now the ministry is reviewing our objection," says Von Rebay.
If successful, the case could set a precedent affecting other European countries' fishing licenses in protected areas. NGOs Bloom and ClientEarth have already threatened France with legal action for allowing bottom trawling in Mediterranean MPAs.
Von Rebay, an avid surfer, is proactive in ocean advocacy. Following Iceland's decision to resume whaling, she is drafting a letter to the UN Human Rights Council, arguing that whaling infringes on the right to a healthy environment.
This month, Ocean Vision Legal will launch a collective movement of NGOs and intergovernmental bodies calling for a universal declaration of ocean rights, similar to the rights of nature. They are also exploring the legal ramifications of deep-sea mining.
Von Rebay isn't alone in this fight. In May, WWF announced it is suing the Norwegian government for permitting deep-sea mining without adequate environmental investigation. Additionally, nine small island states recently won a landmark case in the International Tribunal for the Law of the Sea (Itlos), asserting that all signatories of the United Nations Convention on the Law of the Sea (Unclos) must do more to protect the oceans from climate change.
Payam Akhavan, legal counsel for these states, described the ruling as a "critical first step" in holding major polluters accountable. Isabela Keuschnigg from Opportunity Green believes this will boost climate litigation, citing past successes like the Torres Strait Islanders' historic win against Australia for insufficient climate action.
At Ocean Vision Legal, Von Rebay is optimistic. "Awareness of marine protection obligations is growing, and we need to start enforcing them," she says. "This is just the beginning."