The topic of sea-level rise was initially examined by the ILA Committee on
Baselines under the International Law of the Sea, whose report was considered at the
Sofia Conference (2012).
9 The 2012 report recognized “that substantial territorial
loss resulting from sea-level rise is an issue that extends beyond baselines and the
law of the sea and encompasses consideration at a junction of several parts of
international law.” As a consequence, the ILA in 2012 established a new Committee
on International Law and Sea Level Rise. That Committee decided to focus its work
on three main issue areas: the law of the sea; forced migration and human rights; and
issues of statehood and international security.
An interim report of that Committee, which was presented at the Johannesburg
Conference in 2016,
10 focused on issues regarding the law of the sea and migration/
human rights. Another report was considered at the Sydney Conference, which
completed the Committee’s work on the Law of the Sea issues.
11 The ILA Sidney
Conference of 19–24 August 2018 adopted Resolution 5/2018 on the basis of the
Report of the Committee on International Law and Sea Level Rise.
12 The relevant
paragraphs of the Resolution regarding Law of the Sea issues read as follows:
APPRECIATING that sea level rise is likely to have a major impact on the coastal features
from which maritime zones are measured, causing uncertainties as to the determination of
the breadth and extent of maritime zones in accordance with the law of the sea, as well as
possible uncertainties regarding agreed or adjudicated maritime boundaries;
ENDORSES the views of the Committee that:
– any proposals in this area should aim to facilitate orderly relations between States and,
ultimately, the avoidance of conflicts, bearing in mind that one of the principal motivations of the United Nations Convention on the Law of the Sea is to contribute to the
maintenance of international peace and security; and
– in the formulation of proposals for the progressive development of international law, the
dominant considerations should be the need to avoid uncertainty about the extent and
limits of maritime zones and location of boundaries and to avoid incentives artificially to
preserve baselines physically in order to keep the outer limits of maritime zones;
NOTES that the Committee has presented evidence of the emergence of State practice,
particularly in the South Pacific region, indicating that small island States intend to maintain
the baselines and limits of their current maritime zones established in accordance with the
1982 Law of the Sea Convention for the future, notwithstanding physical coastline changes
brought about by sea level rise;
ENDORSES the proposal of the Committee that, on the grounds of legal certainty and
stability, provided that the baselines and the outer limits of maritime zones of a coastal or an
archipelagic State have been properly determined in accordance with the 1982 Law of the
9 ILA Sofia Conference, Report of the Committee on Baselines under the International Law of the
Sea (2012).
10 ILA Johannesburg Conference, Interim Report of the Committee on International Law and Sea
Level Rise (2016).
11 ILA Sidney Conference, Report of the Committee on International Law and Sea Level
Rise (2018).
12 ILA Sidney Conference, Report of the Committee on International Law and Sea Level
Rise (2018).
8 Sea-Level Rise in Relation to International Law: A New Topic for the United. . .
149
Baselines under the International Law of the Sea, whose report was considered at the
Sofia Conference (2012).
9 The 2012 report recognized “that substantial territorial
loss resulting from sea-level rise is an issue that extends beyond baselines and the
law of the sea and encompasses consideration at a junction of several parts of
international law.” As a consequence, the ILA in 2012 established a new Committee
on International Law and Sea Level Rise. That Committee decided to focus its work
on three main issue areas: the law of the sea; forced migration and human rights; and
issues of statehood and international security.
An interim report of that Committee, which was presented at the Johannesburg
Conference in 2016,
10 focused on issues regarding the law of the sea and migration/
human rights. Another report was considered at the Sydney Conference, which
completed the Committee’s work on the Law of the Sea issues.
11 The ILA Sidney
Conference of 19–24 August 2018 adopted Resolution 5/2018 on the basis of the
Report of the Committee on International Law and Sea Level Rise.
12 The relevant
paragraphs of the Resolution regarding Law of the Sea issues read as follows:
APPRECIATING that sea level rise is likely to have a major impact on the coastal features
from which maritime zones are measured, causing uncertainties as to the determination of
the breadth and extent of maritime zones in accordance with the law of the sea, as well as
possible uncertainties regarding agreed or adjudicated maritime boundaries;
ENDORSES the views of the Committee that:
– any proposals in this area should aim to facilitate orderly relations between States and,
ultimately, the avoidance of conflicts, bearing in mind that one of the principal motivations of the United Nations Convention on the Law of the Sea is to contribute to the
maintenance of international peace and security; and
– in the formulation of proposals for the progressive development of international law, the
dominant considerations should be the need to avoid uncertainty about the extent and
limits of maritime zones and location of boundaries and to avoid incentives artificially to
preserve baselines physically in order to keep the outer limits of maritime zones;
NOTES that the Committee has presented evidence of the emergence of State practice,
particularly in the South Pacific region, indicating that small island States intend to maintain
the baselines and limits of their current maritime zones established in accordance with the
1982 Law of the Sea Convention for the future, notwithstanding physical coastline changes
brought about by sea level rise;
ENDORSES the proposal of the Committee that, on the grounds of legal certainty and
stability, provided that the baselines and the outer limits of maritime zones of a coastal or an
archipelagic State have been properly determined in accordance with the 1982 Law of the
9 ILA Sofia Conference, Report of the Committee on Baselines under the International Law of the
Sea (2012).
10 ILA Johannesburg Conference, Interim Report of the Committee on International Law and Sea
Level Rise (2016).
11 ILA Sidney Conference, Report of the Committee on International Law and Sea Level
Rise (2018).
12 ILA Sidney Conference, Report of the Committee on International Law and Sea Level
Rise (2018).
8 Sea-Level Rise in Relation to International Law: A New Topic for the United. . .
149