4 The International Law Commission Proposal: Scope
of the Topic and Questions to be Addressed
The work of the ILA Committee on International Law and Sea Level Rise constituted an important background to the proposal made in the ILC, in particular the
work undertaken in the two areas just outlined above: law of the sea and migration/
human rights. Considering that sea-level rise produces the inundation of low-lying
coastal areas and of islands, such has consequences in three main areas that the ILC
has proposed to study: (a) law of the sea; (b) statehood; and (c) protection of persons
affected by sea-level rise.
16 These three issues reflect the legal implications of
sea-level rise for the three constituent elements of the State (territory, population
and government/Statehood) and are thus interconnected and should be examined
together.
The ILC approach is intended to deal only with the legal implications of sea-level
rise. It does not deal with protection of environment, climate change per se, causation, responsibility and liability. It does not intend to provide a comprehensive and
exhaustive scoping of the application of international law to the questions raised by
sea-level rise, but to outline some key issues. The three areas to be examined should
be analysed only within the context of sea-level rise notwithstanding other causal
factors that may lead to similar consequences. It is suggested that due attention
should be paid, where possible, to distinguish between consequences related to
sea-level rise and those from other factors.
According to the ILC proposed study, the suggested topic will not propose
modifications to existing international law, such as the UNCLOS. Having in mind
the above considerations, the proposal is that ILC analyses the following questions
related to the legal implications sea-level rise:
4.1 Law of the Sea Issues
(i) Possible legal effects of sea-level rise on the baselines and outer limits of the
maritime spaces which are measured from the baselines;
(ii) Possible legal effects of sea-level rise on maritime delimitations;
(iii) Possible legal effects of sea-level rise on islands as far as their role in the
construction of baselines and in maritime delimitations;
(iv) Possible legal effects of sea-level rise on the exercise of sovereign rights and
jurisdiction of the coastal State and its nationals in maritime spaces in which
boundaries or baselines have been established, especially regarding the exploration, exploitation and conservation of their resources, as well as the rights of
16 ILA, Report on the Work of the Seventieth Session (2018), “Sea-Level Rise in relation to
International Law” (Annex B).
8 Sea-Level Rise in Relation to International Law: A New Topic for the United. . .
151
of the Topic and Questions to be Addressed
The work of the ILA Committee on International Law and Sea Level Rise constituted an important background to the proposal made in the ILC, in particular the
work undertaken in the two areas just outlined above: law of the sea and migration/
human rights. Considering that sea-level rise produces the inundation of low-lying
coastal areas and of islands, such has consequences in three main areas that the ILC
has proposed to study: (a) law of the sea; (b) statehood; and (c) protection of persons
affected by sea-level rise.
16 These three issues reflect the legal implications of
sea-level rise for the three constituent elements of the State (territory, population
and government/Statehood) and are thus interconnected and should be examined
together.
The ILC approach is intended to deal only with the legal implications of sea-level
rise. It does not deal with protection of environment, climate change per se, causation, responsibility and liability. It does not intend to provide a comprehensive and
exhaustive scoping of the application of international law to the questions raised by
sea-level rise, but to outline some key issues. The three areas to be examined should
be analysed only within the context of sea-level rise notwithstanding other causal
factors that may lead to similar consequences. It is suggested that due attention
should be paid, where possible, to distinguish between consequences related to
sea-level rise and those from other factors.
According to the ILC proposed study, the suggested topic will not propose
modifications to existing international law, such as the UNCLOS. Having in mind
the above considerations, the proposal is that ILC analyses the following questions
related to the legal implications sea-level rise:
4.1 Law of the Sea Issues
(i) Possible legal effects of sea-level rise on the baselines and outer limits of the
maritime spaces which are measured from the baselines;
(ii) Possible legal effects of sea-level rise on maritime delimitations;
(iii) Possible legal effects of sea-level rise on islands as far as their role in the
construction of baselines and in maritime delimitations;
(iv) Possible legal effects of sea-level rise on the exercise of sovereign rights and
jurisdiction of the coastal State and its nationals in maritime spaces in which
boundaries or baselines have been established, especially regarding the exploration, exploitation and conservation of their resources, as well as the rights of
16 ILA, Report on the Work of the Seventieth Session (2018), “Sea-Level Rise in relation to
International Law” (Annex B).
8 Sea-Level Rise in Relation to International Law: A New Topic for the United. . .
151