acidification and other climate change impacts are seriously affecting coastal areas
and low-lying coastal countries, including many least developed countries and small
island developing States. The survival of many societies, and of the biological
support systems of the planet, is at risk.”
Among the several impacts of climate change is sea-level rise. According to
scientific studies and reports, such as the Fifth Assessment Report of the Intergovernmental Panel on Climate Change, this phenomenon is likely to accelerate in the
future. As a result, the inundation of low-lying coastal areas and of islands will make
these zones less and less habitable or uninhabitable, resulting in their partial or full
depopulation. These factual consequences of sea-level rise prompt a number of
important questions relevant to international law. For instance, what are the legal
implications of the inundation of low-lying coastal areas and of islands upon their
baselines, upon maritime zones extending from those baselines and upon delimitation of maritime zones, whether by agreement or adjudication? What are the effects
upon the rights of States in relation to those maritime zones? What are the consequences for statehood under international law should the territory of a State disappear? What protection do persons directly affected by sea-level rise enjoy under
international law?
These questions should be examined through an in-depth analysis of existing
international law, including treaty and customary international law, in accordance
with the mandate of the ILC, which is the progressive development of international
law and its codification. This effort will contribute to the endeavours of the international community to ascertain the degree to which current international law is able to
respond to these issues and where there is a need for States to develop practicable
solutions in order to respond effectively to the issues prompted by sea-level rise.
There has been a high level of interest and support for the topic to be taken up by the
ILC by States in the United Nations General Assembly. Furthermore, the Government of the Federated States of Micronesia put forward a formal proposal in 2018 for
inclusion of a topic on the Long-Term Programme of Work of the International Law
Commission entitled “Legal Implications of Sea-level Rise”, which was taken into
account in the preparation of the syllabus approved by the ILC.
3 Consideration of the Topic by Other Bodies:
The International Law Association Committee
on International Law and Sea Level Rise
The ILA is a private association founded in Brussels in 1873. Its objectives, under its
Constitution, are “the study, clarification and development of international law, both
public and private, and the furtherance of international understanding and respect for
international law”. The ILA has consultative status, as a non-governmental organisation, with a number of the United Nations specialised agencies.
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P. G. Teles
and low-lying coastal countries, including many least developed countries and small
island developing States. The survival of many societies, and of the biological
support systems of the planet, is at risk.”
Among the several impacts of climate change is sea-level rise. According to
scientific studies and reports, such as the Fifth Assessment Report of the Intergovernmental Panel on Climate Change, this phenomenon is likely to accelerate in the
future. As a result, the inundation of low-lying coastal areas and of islands will make
these zones less and less habitable or uninhabitable, resulting in their partial or full
depopulation. These factual consequences of sea-level rise prompt a number of
important questions relevant to international law. For instance, what are the legal
implications of the inundation of low-lying coastal areas and of islands upon their
baselines, upon maritime zones extending from those baselines and upon delimitation of maritime zones, whether by agreement or adjudication? What are the effects
upon the rights of States in relation to those maritime zones? What are the consequences for statehood under international law should the territory of a State disappear? What protection do persons directly affected by sea-level rise enjoy under
international law?
These questions should be examined through an in-depth analysis of existing
international law, including treaty and customary international law, in accordance
with the mandate of the ILC, which is the progressive development of international
law and its codification. This effort will contribute to the endeavours of the international community to ascertain the degree to which current international law is able to
respond to these issues and where there is a need for States to develop practicable
solutions in order to respond effectively to the issues prompted by sea-level rise.
There has been a high level of interest and support for the topic to be taken up by the
ILC by States in the United Nations General Assembly. Furthermore, the Government of the Federated States of Micronesia put forward a formal proposal in 2018 for
inclusion of a topic on the Long-Term Programme of Work of the International Law
Commission entitled “Legal Implications of Sea-level Rise”, which was taken into
account in the preparation of the syllabus approved by the ILC.
3 Consideration of the Topic by Other Bodies:
The International Law Association Committee
on International Law and Sea Level Rise
The ILA is a private association founded in Brussels in 1873. Its objectives, under its
Constitution, are “the study, clarification and development of international law, both
public and private, and the furtherance of international understanding and respect for
international law”. The ILA has consultative status, as a non-governmental organisation, with a number of the United Nations specialised agencies.
148
P. G. Teles