4.3 Issues Related to the Protection of Persons Affected
by Sea-Level Rise
(i) The extent to which the duty of States to protect the human rights of individuals
under their jurisdiction apply to consequences related to sea-level rise;
(ii) Whether the principle of international cooperation can be applied to help States
cope with the adverse effects of sea-level rise on their population;
(iii) Whether there are any international legal principles applicable to measures to
be taken by States to help their population to remain in situ, despite rising sea
levels;
(iv) Whether there are any international legal principles applicable to the evacuation, relocation and migration abroad of persons caused by the adverse effects
of sea-level rise;
(v) Possible principles applicable to the protection of the human rights of persons
displaced internally or that migrate due to the adverse effects of sea-level rise.
5 The Proposed Method of Work of the International Law
Commission on This Topic
The most usual method of work of the ILC consists in work driven by a Special
Rapporteur that proposes draft articles, draft conclusions, draft principles or draft
guidelines for consideration of the plenary of the Commission and the drafting
committee.
However, the ILC has also resorted to other formats, namely to Study Groups.
Perhaps the most well-known example is the Study Group on the “Fragmentation of
International Law: Difficulties Arising from the Diversification and Expansion of
International Law”. The proposed format of a Study Group
17 for the topic “Sea-level
rise in relation to International Law” will allow for a mapping exercise of the legal
questions raised by sea-level rise and its interrelated issues. The Study Group will
analyse the existing international law, including treaty and customary international
law, in accordance with the mandate of the ILC, which is to perform codification of
customary international law and its progressive development. This effort will contribute to the endeavours of the international community to respond to these issues
and to assist States in developing practicable solutions in order to respond effectively
to the issues prompted by sea-level rise. The work of the Study Group should be
based on papers that address the different issues raised by the topic, namely with
regard to (a) law of the sea, (b) statehood and (c) protection of persons affected by
sea-level rise. This approach will allow for sufficient flexibility of approach and will
17 ILC, 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. . .
153
by Sea-Level Rise
(i) The extent to which the duty of States to protect the human rights of individuals
under their jurisdiction apply to consequences related to sea-level rise;
(ii) Whether the principle of international cooperation can be applied to help States
cope with the adverse effects of sea-level rise on their population;
(iii) Whether there are any international legal principles applicable to measures to
be taken by States to help their population to remain in situ, despite rising sea
levels;
(iv) Whether there are any international legal principles applicable to the evacuation, relocation and migration abroad of persons caused by the adverse effects
of sea-level rise;
(v) Possible principles applicable to the protection of the human rights of persons
displaced internally or that migrate due to the adverse effects of sea-level rise.
5 The Proposed Method of Work of the International Law
Commission on This Topic
The most usual method of work of the ILC consists in work driven by a Special
Rapporteur that proposes draft articles, draft conclusions, draft principles or draft
guidelines for consideration of the plenary of the Commission and the drafting
committee.
However, the ILC has also resorted to other formats, namely to Study Groups.
Perhaps the most well-known example is the Study Group on the “Fragmentation of
International Law: Difficulties Arising from the Diversification and Expansion of
International Law”. The proposed format of a Study Group
17 for the topic “Sea-level
rise in relation to International Law” will allow for a mapping exercise of the legal
questions raised by sea-level rise and its interrelated issues. The Study Group will
analyse the existing international law, including treaty and customary international
law, in accordance with the mandate of the ILC, which is to perform codification of
customary international law and its progressive development. This effort will contribute to the endeavours of the international community to respond to these issues
and to assist States in developing practicable solutions in order to respond effectively
to the issues prompted by sea-level rise. The work of the Study Group should be
based on papers that address the different issues raised by the topic, namely with
regard to (a) law of the sea, (b) statehood and (c) protection of persons affected by
sea-level rise. This approach will allow for sufficient flexibility of approach and will
17 ILC, 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. . .
153