38
R.H.C. Charlier and Chr. P. De Meyer
Chapter V : Legal and Institutional
Implications of Adaptive Measures
1
Introduction
Existing ,institutions and legal frameworks may be inadequate to plan and
implement adaptive responses. New institutions and legal authorities may be
needed in many coastal states. National legislation and institutions for coastal
zone management can provide the needed planning. In addition, legal structures
to require advance consideration of likely impacts, such as environmental impact
review by those planning new projects, can encourage needed foresight.
One matter to consider is that virtually any adaptive option involves the use of
"private" land. In some nations such use by individuals may be prohibited by law,
while in other states the government may not have authority to use the land
without tile consent of the land owner. The government in some states may have
the authority to use private land, but only upon providing compensation to the
land owner (right of eminent domain) 16
An accelerated rate of increase in the global sea level also raises the possibility of
legal issues pertaining to maritime boundaries and jurisdiction and transboundary
matters. These issues may require a review of existing international arbitration
procedures. An example of the first issue would be if a nation loses maritime
boundary base points and therefore a legal claim to sea territory, or if beach
nourishment measures are required in the vicinity of national borders. An
example of this second issue occurs when protective measures interrupt or
impede the longshore sediment transport benefitting an adjoining coastal state. In
the worst case, sea-level rise may result in the total land loss of an island nation ;
the resulting legal implications are difficult to assess or even predict 17.
R.H.C. Charlier and Chr. P. De Meyer
Chapter V : Legal and Institutional
Implications of Adaptive Measures
1
Introduction
Existing ,institutions and legal frameworks may be inadequate to plan and
implement adaptive responses. New institutions and legal authorities may be
needed in many coastal states. National legislation and institutions for coastal
zone management can provide the needed planning. In addition, legal structures
to require advance consideration of likely impacts, such as environmental impact
review by those planning new projects, can encourage needed foresight.
One matter to consider is that virtually any adaptive option involves the use of
"private" land. In some nations such use by individuals may be prohibited by law,
while in other states the government may not have authority to use the land
without tile consent of the land owner. The government in some states may have
the authority to use private land, but only upon providing compensation to the
land owner (right of eminent domain) 16
An accelerated rate of increase in the global sea level also raises the possibility of
legal issues pertaining to maritime boundaries and jurisdiction and transboundary
matters. These issues may require a review of existing international arbitration
procedures. An example of the first issue would be if a nation loses maritime
boundary base points and therefore a legal claim to sea territory, or if beach
nourishment measures are required in the vicinity of national borders. An
example of this second issue occurs when protective measures interrupt or
impede the longshore sediment transport benefitting an adjoining coastal state. In
the worst case, sea-level rise may result in the total land loss of an island nation ;
the resulting legal implications are difficult to assess or even predict 17.