sea-level rise is an issue that may affect baselines, maritime zones and delimitations,
but also can impact several other areas of international law, including such fundamental aspects as the elements of statehood under international law, human rights,
refugee law, and access to resources, as well as broader issues of international peace
and security.
1
It is against this background that the International Law Association (ILA) has
been looking at the issue of sea-level rise since 2012, having achieved in 2018 an
important milestone in its work at the Sidney Conference.
2 Also in 2018, during its
70th Session, a further development took place in the framework of the United
Nations International Law Commission (ILC), which decided to include the topic
“Sea-level rise in relation to International Law” in its Long-Term Programme of
Work.
3 The proposal has been put forward by five members of the ILC, including the
author of this contribution: Bogdan Aurescu of Romania, Yacouba Cissé of the Ivory
Coast, Patrícia Galvão Teles of Portugal, Nilüfer Oral of Turkey and Juan José Ruda
Santolaria of Peru. In the autumn of 2018, nearly 120 United Nations Member States
supported the proposal for inclusion of this topic in the ILC agenda in the framework
of the debate in the General Assembly Sixth Committee (Legal) of the Annual
Report of the International Law Commission.
4 The topic was moved to the active
agenda of the International Law Commission in the summer of 2019, during its 71st
Session,
5 and it is to be expected that the ILC as an institution could make a
meaningful contribution by studying the possible legal impacts of these complex
and new legal challenges that affect different areas of international law, by promoting a comprehensive legal approach to sea-level rise in relation to international law
and in close contact with States.
The purpose of this chapter is, thus, to present briefly the ILC new agenda topic
on “Sea-level rise in relation to International Law” and it shall follow closely the
syllabus approved by the Commission.
6
1 See, inter alia, Boyle (2016), Camprubí (2016), Caron (2009), Freestone (1991, 2013), Gerrard
and Wannier (2013), Hayashi (2011), McAdam (2010, 2012), McAdam et al. (2016), Rayfuse
(2010, 2011), Rayfuse and Scott (2012), Schofield (2009a, b), Schofield and Freestone (2013),
Soons (1990), Stoutenburg (2015) and Vidas (2014).
2 ILA Sidney Conference, Report of the Committee on International Law and Sea Level Rise (2018).
See also, Vidas et al. (2015, 2019).
3 ILC, Report on the Work of the Seventieth Session (2018), “Sea-Level Rise in relation to
International Law” (Annex B).
4 The Sixth Committee considered the ILA 2018 Annual Report at its 20th to 30th and 35th
meetings, from 22 to 26 October, on 30 and 31 October and on 13 November 2018 (See Docs.
A/C.6/73/SR.20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30 and 35).
5 ILC, Report on the Work of the Seventy-First Session (2019), “Sea-Level Rise in relation to
International Law” (Chapter X).
6 ILC, Report on the Work of the Seventieth Session (2018), “Sea-Level Rise in relation to
International Law” (Annex B).
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P. G. Teles
but also can impact several other areas of international law, including such fundamental aspects as the elements of statehood under international law, human rights,
refugee law, and access to resources, as well as broader issues of international peace
and security.
1
It is against this background that the International Law Association (ILA) has
been looking at the issue of sea-level rise since 2012, having achieved in 2018 an
important milestone in its work at the Sidney Conference.
2 Also in 2018, during its
70th Session, a further development took place in the framework of the United
Nations International Law Commission (ILC), which decided to include the topic
“Sea-level rise in relation to International Law” in its Long-Term Programme of
Work.
3 The proposal has been put forward by five members of the ILC, including the
author of this contribution: Bogdan Aurescu of Romania, Yacouba Cissé of the Ivory
Coast, Patrícia Galvão Teles of Portugal, Nilüfer Oral of Turkey and Juan José Ruda
Santolaria of Peru. In the autumn of 2018, nearly 120 United Nations Member States
supported the proposal for inclusion of this topic in the ILC agenda in the framework
of the debate in the General Assembly Sixth Committee (Legal) of the Annual
Report of the International Law Commission.
4 The topic was moved to the active
agenda of the International Law Commission in the summer of 2019, during its 71st
Session,
5 and it is to be expected that the ILC as an institution could make a
meaningful contribution by studying the possible legal impacts of these complex
and new legal challenges that affect different areas of international law, by promoting a comprehensive legal approach to sea-level rise in relation to international law
and in close contact with States.
The purpose of this chapter is, thus, to present briefly the ILC new agenda topic
on “Sea-level rise in relation to International Law” and it shall follow closely the
syllabus approved by the Commission.
6
1 See, inter alia, Boyle (2016), Camprubí (2016), Caron (2009), Freestone (1991, 2013), Gerrard
and Wannier (2013), Hayashi (2011), McAdam (2010, 2012), McAdam et al. (2016), Rayfuse
(2010, 2011), Rayfuse and Scott (2012), Schofield (2009a, b), Schofield and Freestone (2013),
Soons (1990), Stoutenburg (2015) and Vidas (2014).
2 ILA Sidney Conference, Report of the Committee on International Law and Sea Level Rise (2018).
See also, Vidas et al. (2015, 2019).
3 ILC, Report on the Work of the Seventieth Session (2018), “Sea-Level Rise in relation to
International Law” (Annex B).
4 The Sixth Committee considered the ILA 2018 Annual Report at its 20th to 30th and 35th
meetings, from 22 to 26 October, on 30 and 31 October and on 13 November 2018 (See Docs.
A/C.6/73/SR.20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30 and 35).
5 ILC, Report on the Work of the Seventy-First Session (2019), “Sea-Level Rise in relation to
International Law” (Chapter X).
6 ILC, Report on the Work of the Seventieth Session (2018), “Sea-Level Rise in relation to
International Law” (Annex B).
146
P. G. Teles