third States and their nationals (e.g., innocent passage, freedom of navigation,
fishing rights);
(v) Possible legal effects of sea-level rise on the status of islands, including rocks
and on the maritime entitlements of a coastal State with fringing islands;
(vi) Legal status of artificial islands, reclamation or island fortification activities
under international law as a response/adaptive measures to sea-level rise.
As it was stated above, the Commission will not only deal with Law of the Sea issues
but will also look into the following issues relating to statehood and the protection of
persons affected by sea-level rise.
4.2 Statehood Issues
(i) Analysis of the possible legal effects on the continuity or loss of statehood in
cases where the territory of island States is completely covered by the sea or
becomes uninhabitable;
(ii) Legal assessment regarding the reinforcement of islands with barriers or the
erection of artificial islands as a means to preserve the statehood of island States
against the risk that their land territory might be completely covered by the sea
or become uninhabitable;
(iii) Analysis of the legal fiction according to which, considering the freezing of
baselines and the respect of the boundaries established by treaties, judicial
judgments or arbitral awards, it could be admitted the continuity of statehood
of the island States due to the maritime territory established as a result of
territories under their sovereignty before the latter become completely covered
by the sea or uninhabitable;
(iv) Assessment of the possible legal effects regarding the transfer—either with or
without transfer of sovereignty—of a strip or portion of territory of a third State
in favour of an island State whose terrestrial territory is at risk of becoming
completely covered by the sea or uninhabitable, in order to maintain its
statehood or any form of international legal personality;
(v) Analysis of the possible legal effects of a merger between the island developing
State whose land territory is at risk of becoming completely covered by the sea
or uninhabitable and another State, or of the creation of a federation or
association between them regarding the maintenance of statehood or of any
form of international legal personality of the island State.
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fishing rights);
(v) Possible legal effects of sea-level rise on the status of islands, including rocks
and on the maritime entitlements of a coastal State with fringing islands;
(vi) Legal status of artificial islands, reclamation or island fortification activities
under international law as a response/adaptive measures to sea-level rise.
As it was stated above, the Commission will not only deal with Law of the Sea issues
but will also look into the following issues relating to statehood and the protection of
persons affected by sea-level rise.
4.2 Statehood Issues
(i) Analysis of the possible legal effects on the continuity or loss of statehood in
cases where the territory of island States is completely covered by the sea or
becomes uninhabitable;
(ii) Legal assessment regarding the reinforcement of islands with barriers or the
erection of artificial islands as a means to preserve the statehood of island States
against the risk that their land territory might be completely covered by the sea
or become uninhabitable;
(iii) Analysis of the legal fiction according to which, considering the freezing of
baselines and the respect of the boundaries established by treaties, judicial
judgments or arbitral awards, it could be admitted the continuity of statehood
of the island States due to the maritime territory established as a result of
territories under their sovereignty before the latter become completely covered
by the sea or uninhabitable;
(iv) Assessment of the possible legal effects regarding the transfer—either with or
without transfer of sovereignty—of a strip or portion of territory of a third State
in favour of an island State whose terrestrial territory is at risk of becoming
completely covered by the sea or uninhabitable, in order to maintain its
statehood or any form of international legal personality;
(v) Analysis of the possible legal effects of a merger between the island developing
State whose land territory is at risk of becoming completely covered by the sea
or uninhabitable and another State, or of the creation of a federation or
association between them regarding the maintenance of statehood or of any
form of international legal personality of the island State.
152
P. G. Teles