Climate change and changes in the baseline of coastline countries: solutions and challenges

Document Type : Original Article

Authors

Department of International Law, Faculty of Law and Political Science, Allameh Tabataba'i University, Tehran, Iran

Abstract

Introduction:
Human ability to transform the environment raised a new environmental concern all over the globe, namely climate change. Today, global warming and sea level rise resulted from polar ice melting are the most immediate, definitive, and visible effects of climate change. One of the effects of these changes is the likelihood that coastal states, especially small island states, will be deprived of their former maritime zones. Since the baseline is the basis of determination of the maritime zones of the coastal state, with sea level rise, the validity of previous baselines and countries' eligibility for making use of maritime zones have been challenged. It raises the question of whether such countries are still eligible to use the existing baselines or should redraw baselines based on changes. The purpose of this paper was to examine the effects of climate change on baselines of the coastal and archipelagic states and to provide solutions to these countries to counter such effects.
Material and methods:
In order to examine the impacts of climate change on coastal countries, we first discussed the effects of climate change on the oceans. Research shows that the most important of these changes is global warming and sea level rise. Then, the impact of such consequences on the normal and direct baselines of the coastal and archipelagic states was analyzed.
Results and discussion:
We concluded that the most important effects of such changes on the oceans are global warming and sea level rise. Then, the impact of climate change on the baselines and the authenticity of this legal challenge were assessed. It was concluded that however the Convention on the Law of the Sea 1982 neglected the potential of future changes to base points, by interpreting the drawing of baselines of unstable coastlines and continental shelf, it is possible to accept the right of coastal and archipelagic states to preserve the existing baselines and maritime zones despite sea level changes.
Conclusion:
This study concluded that the consequences of climate change undoubtedly lead to widespread changes in baselines, and by interpreting the provisions of the convention, it can provide solutions to counter these changes, and eventually, acknowledge the right of coastal states to preserve their former baselines.

Keywords

References

  1. Alexander, L., 1983. Baseline delimitations and maritime boundaries. Virginia Journal of International Law. 23, 503–536.
  2. Attenhofer, J., 2010. Baselines and base points: how the case law withstands rising sea levels and melting ice, law of the sea reports, law of the sea interest group. American Society of International Law. 1, 1-23.
  3. Anonymous, 2009. The Signing of the Treaty between the Republic of Indonesia and the Republic of Singapore Relating to the Delimitation of the Territorial Seas in the Western Particle of the Strait of Singapore. Available online at http://www.kemlu.go.id /.
  4. Anonymous, 2019. Global Climate change. Available online at: https://climate.nasa.gov/vital-signs/sea-level/.
  5. Bodansky, D., 2018. Regulating Greenhouse Gas Emissions from Ships: The Role of the International Maritime Organization. In Ocean Law Debates. Brill Publishers, Netherlands.
  6. Caron, D., 1990. When law makes climate change worse: rethinking the law of baselines in light of a rising sea level. Ecology Law Quarterly.17, 621-653.
  7. Chris, M., 2009. Maldives Rises to Climate Challenge, BBC News. Available online at: news.bbc.co.uk.
  8. Carr, M.R., Rubenstein, M., Graff, A. and Villarreal, D., 2013. Sea Level Rise in a Changing Climate: What Do We Know? Threatened Island Nations: Legal Implications of Rising Seas and a Changing Climate. Cambridge University Press, UK.
  9. Division for Ocean Affairs and the Law of the Sea, 2000. Handbook on the Delimitation of Maritime Boundaries. United Nations Publications, New York, USA.
  10. Federal Act Relating to the Sea, 1986. Available online at: http://www.un.org/.
  11. International Law Association, 2018. Basslines under the International Law of the Sea, Final Report.
  12. International Law Association, 2012. Report of committee on baselines under the international law of the sea. 75th Conference of the International Law Association held in Sofia, 26th – 30th Agust, Bulgaria.
  13. International Panel on Climate Change (IPCC), 2007. Climate Change: Synthesis Report–Summary for Policymakers, Contribution of Working Group I to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change. Cambridge University Press, UK.
  14. ICJ, Judgment, 2007. Case Concerning Territorial and Maritime Dispute between Nicaragua and Honduras in the Caribbean Sea (Nicaragua v. Honduras). Available online at: https://www.icj-cij.org/en/case/120.
  15. ICJ, Judgment. 1997. Case concerning Gabcˇı´kovo-Nagymaros Project (Hungary/Slovakia). Available online at: https://www.icj-cij.org/en/case/92.
  16. ICJ, Judgment.1951. Fisheries case (United Kingdom. Norway). Available online at: https://www.icj-cij.org/en/case/5/judgments.
  17. ICJ, Judgment. 1969. Case concerning North Sea Continental Shelf (Germany v Denmark and the Netherlands). Available online at: https://www.icj-cij.org/en/case/51.
  18. ICJ, Judgment.1978. Aegean Sea Continental Shelf (Greece v. Turkey). Available online at: icj-cij.org/en/case/62.
  19. Iirani, M., Uavani, M., Alizade, A. and Kotak Lahijani, H., 2018. Upper gulf level and Oman Sea influenced by climate change in future. Natural Geographic Research. 49(4), 603-614. (In Persian).
  20. Jacobs, R. E., 2005. Treading deep waters: substantive law issues in Tuvalu’s Threat to sue the United States in the international Court of Justice. Pacific Rim Law & Policy Journal Association. 14(1), 103-128.
  21. Lisztwan, J., 2012. Stability of maritime boundary agreements. Yale Journal of International Law. 37(1), 154-200.
  22. Pethick, J., 1989. Waves of change: coastal response to sea level rise. Geographical Analysis. 19, 1–4.
  23. Pilkey, O. and Young, R., 2009. The Rising Sea. Island Press, Washington D.C., USA.
  24. Razavian, F., Izadyar, S. and Agha Panah, B., 2016. Climate Change Factors of Global Warming and its Effects, Second International Conference on Environmental Engineering, 24th February, Tehran. (In Persian)
  25. Reed, M., 2000. Shore and Sea Boundaries: the Development of International Maritime Boundary Principles through United States Practice, Volume Three, U.S. Government Printing Office Washington, USA.
  26. Roach, J.A. and Robert, W.S., 2012. Excessive Maritime Claims. Nijhoff Publishers, Leiden, Boston.
  27. Sajedi, Z., 2010. Climate change and human security. M.Sc. Thesis. Shahid Beheshti University, Iran. (In Persian).
  28. Schofield, C. and Freestone, D., 2013. Options to protect coastlines and secure maritime jurisdictional claims in the face of global sea level rise in M. B. Gerrard and G. E. Wannier(ed), Threatened Island Nations Legal Implications of Rising Seas and a Changing Climate. Faculty of Law, Humanities and the Arts - Papers. Available online at: https://ro.uow.edu.au/lhapapers/1236.
  29. Sefrio, S., 2017. Adapting to Sea Level Rise: A Law of the Sea Perspective. The Future of the Law of the Sea Bridging Gaps Between National, Individual and Common Interests. Spiringer Open, Rome, Italy.
  30. Schofield, C., 2013. Holding Back the Waves? Sea-level Rise and Maritime Claims, in Ruppel, O.C., Roschmann, C., Ruppel-Schlichting, K., (Eds). Climate Change: International Law and Global Governance. Volume I. Legal Responses and Global Responsibility. Nomos, Germany.
  31. Snoos, A.H.A., 1990. The effects of a rising sea level rising sea level on maritime limits and boundaries. Netherlands International Law Review. 37(2), 207-224.
  32. Seirafi, S., 2014 a. the customary law of baseline, with special emphasize on Iran's baseline in the Persian Gulf and the Sea of Oman. Ph.D. Thesis. Faculty of Law and Political Science, University of Tehran, Iran. (In Persian).
  33. Seirafi, S., 2014 b. Survey of baseline of Iran in the Persian Gulf and the Sea of Oman and the protest of other countries. International Law Magazine. 48, 35-64. (In Persian).
  34. Seirafi, S., 2018. The application of straight baselines in the delimitation of maritime boundaries; with a particular view on the delimitation of maritime boundaries between Iran and Kuwait. Journal of Public Law Studies. 48(3), 483-505. (In Persian).
  35. The Convention on the legal status of the Caspian Sea, 2018. Available online at: http://en.kremlin.ru/supplement/5328.
  36. United Nations Convention on the Law of the Sea, 1982. Available online at: https://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_e.
  37. Vienna Convention on the Law of Treaties, 1969. Available online at: https://legal.un.org/ilc/texts/instruments/english/conventions/1_1_1969.
Environmental Sciences
Volume 18, Issue 3
October 2020
Pages 32-48

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