SEA-LEVEL RISE IN INTERNATIONAL LAW AND THE IMPACTS ON DETERMINING THE BASELINE OF COASTAL STATES

Resumo

This article studies the impact of sea level rise on determining the baseline of coastal states through legal and practical perspectives. First, it analyzes the provisions of the 1982 UN Convention on the Law of the Sea on how to determine baselines. Next, referring to the practices of some countries, the article analyzes states’ viewpoints on the impact of sea level rise on the baselines: maintaining the status quo of the baselines and changing the baselines subject to the impact of sea level rise. Finally, the article makes specific suggestions on this issue. The article mainly uses qualitative research methods on two main theoretical grounds: (i) The phenomenon of sea level rise creates new factual changes of circumstances; and (ii) The 1982 Convention on the Law of the Sea does not enshrine provisions for regulating sea level rise, thus leading to different interpretations and applications of the Convention. The article concludes that sea level rise inevitably leads to a change of circumstances and conditions that have been and are being used to determine the baselines of States. Supplementing provisions of the 1982 Convention on the Law of the Sea is a pressing need but far from achivable in a short period of time. In the short term, countries based on their sovereignty and interests can develop appropriate solutions when applying the provisions of the Convention but must not infringe on the sovereignty of other countries and must respect the principles of international law. For now, based on the principles of sovereignty and legitimate interests States should adopt appropriate measures for applying the Convention’s provisions but shall not impair other States’ sovereignty and fundamental principles of international law.