Legal certainty and stability in the face of sea level rise: trends in the development of state practice and international law scholarship on maritime limits and boundaries
Vidas, D.; Freestone, D. (2022). Legal certainty and stability in the face of sea level rise: trends in the development of state practice and international law scholarship on maritime limits and boundaries. Int. J. Mar. Coast. Law 37(4): 673-725. https://dx.doi.org/10.1163/15718085-bJA10106
In: International Journal of Marine and Coastal Law. Kluwer Law International: The Hague; Gaithersburg; London; Boston. ISSN 0927-3522; e-ISSN 1571-8085, more
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sea level rise; baselines and outer limits of maritime zones; maritime boundaries; State practice; treaty interpretation; subsequent practice; International Law Commission (ILC; International Law Association (ILA) |
| Abstract |
This article identifies and documents a trend in State practice over the past decade or so, regarding the impact of sea level rise on the lawfully determined limits of mari-time zones and the existing maritime boundaries. It juxtaposes this development with the findings and recommendations of two committees of the International Law Association in 2012 and 2018 -the Committees on Baselines and Sea Level Rise -and examines the role played since 2019 by the International Law Commission. It explores the implications of emerging State practice for the interpretation of the rules and prin-ciples of the 1982 UN Law of the Sea Convention. It documents the complex interac-tions between the findings of international law scholarship and the evolution of State practice, and concludes that this interaction has played an important role in facilitat-ing legal certainty and stability in the development of a response to this increasingly pressing international law issue. |
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