Chapter 8
Sea-Level Rise in Relation to International
Law: A New Topic for the United Nations
International Law Commission
Patrícia Galvão Teles
Abstract One of the most important and pressing current global challenges to the
Law of the Sea is the issue of climate change and its adverse effects, namely those
arising from rising sea-levels. This phenomenon of sea-level rise also presents
challenges to other areas of international law such as those related to statehood
and the protection of persons affected by sea-level rise. The present chapter looks at
this important challenge and aims at presenting the proposal for a new topic included
in the United Nations International Law Commission agenda entitled “Sea-level rise
in relation to International Law”, of which the author was one of the co-proponents.
1 Introduction
One of the global challenges to the Law of the Sea in the twenty-first century has
certainly to do with climate change and its adverse effects, including sea-level rise.
As the United Nations present and past Secretary-Generals have emphasized: “climate change is the defining challenge of our time”. Climate change affects and has
the potential to affect many different domains, including those related to oceans and
the Law of the Sea. Impacts of climate change on the international legal framework
for the oceans relate to sea-level rise, coastal erosion, fisheries, carbon dioxide
sequestration, ocean acidification, marine geo-engineering, among others.
In relation to international law, sea-level rise prospects on the horizon create a
major challenge, not only but also with regard to the Law of the Sea. Sea-level rise
and coastal erosion are serious threats for many coastal regions and islands, particularly in developing countries. Sea-level rise and other adverse impacts of climate
change pose a significant risk to small island developing States and their efforts to
achieve sustainable development and, for many, represent the gravest of threats to
their survival and viability, including for some through the loss of territory. It has
been increasingly recognized that a substantial territorial loss resulting from
P. G. Teles (*)
United Nations International Law Commission, Autonomous University of Lisbon, Lisbon,
Portugal
© Springer Nature Switzerland AG 2020
M. C. Ribeiro et al. (eds.), Global Challenges and the Law of the Sea,
https://doi.org/10.1007/978-3-030-42671-2_8
145
Sea-Level Rise in Relation to International
Law: A New Topic for the United Nations
International Law Commission
Patrícia Galvão Teles
Abstract One of the most important and pressing current global challenges to the
Law of the Sea is the issue of climate change and its adverse effects, namely those
arising from rising sea-levels. This phenomenon of sea-level rise also presents
challenges to other areas of international law such as those related to statehood
and the protection of persons affected by sea-level rise. The present chapter looks at
this important challenge and aims at presenting the proposal for a new topic included
in the United Nations International Law Commission agenda entitled “Sea-level rise
in relation to International Law”, of which the author was one of the co-proponents.
1 Introduction
One of the global challenges to the Law of the Sea in the twenty-first century has
certainly to do with climate change and its adverse effects, including sea-level rise.
As the United Nations present and past Secretary-Generals have emphasized: “climate change is the defining challenge of our time”. Climate change affects and has
the potential to affect many different domains, including those related to oceans and
the Law of the Sea. Impacts of climate change on the international legal framework
for the oceans relate to sea-level rise, coastal erosion, fisheries, carbon dioxide
sequestration, ocean acidification, marine geo-engineering, among others.
In relation to international law, sea-level rise prospects on the horizon create a
major challenge, not only but also with regard to the Law of the Sea. Sea-level rise
and coastal erosion are serious threats for many coastal regions and islands, particularly in developing countries. Sea-level rise and other adverse impacts of climate
change pose a significant risk to small island developing States and their efforts to
achieve sustainable development and, for many, represent the gravest of threats to
their survival and viability, including for some through the loss of territory. It has
been increasingly recognized that a substantial territorial loss resulting from
P. G. Teles (*)
United Nations International Law Commission, Autonomous University of Lisbon, Lisbon,
Portugal
© Springer Nature Switzerland AG 2020
M. C. Ribeiro et al. (eds.), Global Challenges and the Law of the Sea,
https://doi.org/10.1007/978-3-030-42671-2_8
145