Chapter I. Climate Change, Sea Level Rise And The Coming Uncertainty In Oceanic Boundaries: A Proposal To Avoid Conflict

Caron, David D.

doi:10.1163/ej.9789004173439.i-308.7

Cited by 58 publications

(9 citation statements)

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“…100 An adapted interpretation of Article 7(2) as suggested in this paper would provide States with the opportunity to adapt to climate change and sea level rise, as well as contribute to preventing new conflicts concerning ocean resources without having to invoke the formal amendment procedures of the LOSC. Thus, it seems to be the most efficient way to counter the consequences of sea level rise for some vulnerable States.…”

Section: Discussionmentioning

confidence: 99%

Sea Level Rise and Shifting Maritime Limits: Stable Baselines as a Response to Unstable Coastlines

Busch

2018

Arctic Review

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It is a long known fact that climate change will result in sea level rise and dramatically changed coastlines for a number of coastal States, and the physical consequences of sea level rise are most likely unavoidable for several coastal States due to their geographical location, size and topography. It is highly debatable whether the Law of the Sea Convention is equipped for dealing with the current challenges of sea level rise and maritime limits, and it may be argued that its rule of ambulatory baselines may contribute to loss of territory, relocation of maritime zones, uncertainty and instability.This article investigates the current status of the law regulating maritime limits which may be affected by sea level rise, and argues that the best solution is to adapt the law within the current legal framework of the Law of the Sea, by undertaking a liberal interpretation of the already existing provisions of the LOSC, instead of invoking the amendment procedures of the LOSC, a new supplementary agreement or creating new customary law. In particular, the article explores the option of re-interpreting the law of baselines in Article 7, offering an adapting measure that mitigates the climate change effects on sea level rise. It is argued that a liberal interpretation of the LOSC can contribute to increased stability and juridical protection of the maritime entitlements for some of the States suffering the consequences of sea level rise.

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Section: Discussionmentioning

confidence: 99%

Sea Level Rise and Shifting Maritime Limits: Stable Baselines as a Response to Unstable Coastlines

Busch

2018

Arctic Review

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“…Seeking to find a solution, most law-of-the-sea experts have so far proposed the development of a new rule of international law that would have the effect of freezing the baselines, or permanently fixing the boundaries of maritime zones at today's status-by fixing them on a chart, or such-like (Caron, 1990(Caron, , 2009Soons, 1990;Jesus, 2003;Hayashi, 2011). In other words, proposals for dealing with sea-level rise aim at preserving a static legal situation in the face of an increasingly dynamic process of natural change.…”

Section: Limits Of the Maritime Zones: Sea-level Rise Perspectivementioning

confidence: 99%

International law for the Anthropocene? Shifting perspectives in regulation of the oceans, environment and genetic resources

et al. 2015

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This article reviews the potential implications of the Anthropocene for the future development of international law in general, and for its distinct fields of the law of the sea, environmental law, and rules governing genetic resources in particular. Stability is deeply embedded in the fundamentals of international law, where it operates on two levels. One is the conscious objective of working towards legally guaranteed stability in international relations, in turn prone to frequent political change. The other level of stability is implied: it is the assumption, based on human experience so far, of the relatively stable circumstances of the late Holocene. The onset of the Anthropocene and the changes introduced in that underlying element of stability entail the potential for an unprecedented type of tension in interstate relations. This may spill over to and aggravate existing tensions between the territorial integrity of states and territorial claims, coupled with the fact of immense geopolitical differences, on the one hand, and sovereign equality of states as the founding postulate of international law, on the other. The international legal order will always be in search of stability and, ultimately, solutions to facilitate peace and prevent conflict. However, with a fundamental change of the context in which international law operatesand with the challenges increasingly recognized as the consequences of natural, not only political, changenew legal axioms will have to evolve.

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“…Nonetheless, in time, such a rise in sea level will affect boundaries in a number of possible ways. Firstly, because both baselines and the boundaries they support are ‘ambulatory’, this means that if a baseline anchor point is submerged, then the baseline is redrawn according to the next point that is above sea level (Caron, 2009, p. 9). The maritime boundaries are then redrawn according to this new baseline.…”

Section: Sea Level Rise and Maritime Boundary Shiftsmentioning

confidence: 99%

“…6). Reefs are often a long way from the low‐water mark of the coast and therefore, if they are submerged, it could result in a significant reduction in the width of maritime boundaries (Caron, 2009, p. 11). While coral can grow with rising sea levels, the growth rate will not match projected sea level rise (Buddemeier and Smith, 1988).…”

Section: Shifting Maritime Boundaries and Inter‐state Conflictmentioning

confidence: 99%

Shifting Sands: Sea Level Rise, Maritime Boundaries and Inter-State Conflict

Lusthaus

2010

Politics

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While the international security dimensions of climate change have received an increasing amount of attention, one impact that has not been widely discussed is the role that sea level rise could play in rendering maritime boundaries around the globe uncertain. The argument of this article is that this confusion of maritime boundaries could have potentially significant consequences in creating inter-state disputes, possibly leading to conflicts and international instability. This article will outline how sea level rise will confuse maritime boundaries and how these maritime boundary shifts could lead to inter-state disputes and conflict.In recent times, the international security dimensions of climate change have received an increasing amount of attention (see, for instance, Campbell et al., 2007;Dupont, 2008;Schwartz and Randall, 2003). But one impact that has not been widely discussed is the role that sea level rise could play in rendering maritime boundaries around the globe uncertain. The argument of this article is that this confusion of maritime boundaries could have potentially significant consequences in creating inter-state disputes, possibly leading to conflicts and international instability. The article proceeds in two sections. Firstly, it will outline how sea level rise will confuse maritime boundaries. Secondly, it will demonstrate how maritime boundary shifts could lead to inter-state disputes and conflict.

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Chapter I. Climate Change, Sea Level Rise And The Coming Uncertainty In Oceanic Boundaries: A Proposal To Avoid Conflict

Cited by 58 publications

References 0 publications

Sea Level Rise and Shifting Maritime Limits: Stable Baselines as a Response to Unstable Coastlines

Sea Level Rise and Shifting Maritime Limits: Stable Baselines as a Response to Unstable Coastlines

International law for the Anthropocene? Shifting perspectives in regulation of the oceans, environment and genetic resources

Shifting Sands: Sea Level Rise, Maritime Boundaries and Inter-State Conflict

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