Climate Change and Maritime Boundaries

2021 ◽  
Author(s):  
Snjólaug Árnadóttir
Keyword(s):  
Climate Change ◽  
Ocean Acidification ◽  
International Law ◽  
Marine Environment ◽  
Coastal Ecosystems ◽  
Public International Law ◽  
Sea Levels ◽  
Future Challenges ◽  
Core Concepts ◽  
Emerging Issues

Coastal States exercise sovereignty and sovereign rights in maritime zones, measured from their coasts. The limits to these maritime zones are bound to recede as sea levels rise and coastlines are eroded. Furthermore, ocean acidification and ocean warming are increasingly threatening coastal ecosystems, which States are obligated to protect and manage sustainably. These changes, accelerating as the planet heats, prompt an urgent need to clarify and update the international law of maritime zones. This book explains how bilateral maritime boundaries are established, and how coastal instability and vulnerable ecosystems can affect the delimitation process through bilateral negotiations or judicial settlement. Árnadóttir engages with core concepts within public international law to address emerging issues, such as diminishing territory and changing boundaries. She proposes viable ways of addressing future challenges and sets out how fundamental changes to the marine environment can justify termination or revision of settled maritime boundaries and related agreements.

The Impact of Climate Change on States

2021 ◽  
Vol 23 (2-3) ◽  
pp. 115-132
Author(s):  
Łukasz Kułaga
Keyword(s):  
Climate Change ◽  
International Law ◽  
Sea Level Rise ◽  
Sea Level ◽  
The State ◽  
Fundamental Change ◽  
Sea Levels ◽  
Impact Of Climate Change ◽  
Potential Impact ◽  
The Impact

Abstract The increase in sea levels, as a result of climate change in territorial aspect will have a potential impact on two major issues – maritime zones and land territory. The latter goes into the heart of the theory of the state in international law as it requires us to confront the problem of complete and permanent disappearance of a State territory. When studying these processes, one should take into account the fundamental lack of appropriate precedents and analogies in international law, especially in the context of the extinction of the state, which could be used for guidance in this respect. The article analyses sea level rise impact on baselines and agreed maritime boundaries (in particular taking into account fundamental change of circumstances rule). Furthermore, the issue of submergence of the entire territory of a State is discussed taking into account the presumption of statehood, past examples of extinction of states and the importance of recognition in this respect.

scholarly journals Climate Change, Environmental Security and Global Justice

2017 ◽  
Vol 6 (1) ◽  
pp. 119
Author(s):  
Solomon E. Salako
Keyword(s):  
Climate Change ◽  
International Law ◽  
Global Justice ◽  
Storm Surges ◽  
Environmental Security ◽  
Small Island ◽  
Atmospheric Concentration ◽  
International Consensus ◽  
Sea Levels ◽  
Security Issues

There is an international consensus that climate change is caused by human activities which substantially increase the atmospheric concentration of greenhouse gases.The ill-effects of climate change are droughts which adversely affect the global poor who are engaged in agriculture; storm surges which destroy local infrastructure, housing and crops; and the rise of sea levels which adversely affect the inhabitants of small island states which could eventually be totally submerged. Military strategists and intelligence analysts are preparing for future conflicts likely to be caused by environmental security issues.The objects of this article are: (i) to evaluate the ill-effects of climate change as a matter of global justice, (ii) to consider whether future generations have the right not to suffer from the ill-effects of climate change, and if so, (iii) to evaluate the relevant conceptions of global justice, and (iv) to assess critically whether international law provides effective preventive responses to climate change and environmental security threats.Finally, a monist-naturalist conception of global justice privileging human dignity as one of its guiding principles is proffered as a solution to the problems raised by the mechanisms of dealing with the ill-effects of climate change and the attendant environmental security issues under international law.

THE PROBLEM OF “CLIMATE REFUGEES” IN VIEW OF INTERNATIONAL HUMANITARIAN LAW – SELECTED ISSUES

2018 ◽  
Vol VIII (z. 2) ◽  
pp. 157-172
Author(s):  
Przemysław Osóbka
Keyword(s):  
Climate Change ◽  
International Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Sea Levels ◽  
Exclusive Economic Zones ◽  
The Status ◽  
Rising Sea Levels ◽  
Economic Zones ◽  
Climate Refugees

The article is an attempt to respond to the need to find international legal solutions, extremely important for people living in the countries threatened by the consequences of climate change, among others, the effects of rising sea levels in the seas and oceans. I try to direct attention to the still underestimated in the international law problem of the so-called "climate refugees". Behind the concept that defies the classic definitions of "refugees", there are hundreds of thousands today, and soon perhaps millions of people whose lives, health and property will be threatened by the forces of nature. The originality of the approach presented in the article is an attempt to consider whether appropriate legal solutions that protect vulnerable populations can be sought on the basis of international humanitarian law, since so far no other branch of international law seemed adequate to take up this challenge. The urgent and important dimension of the problems discussed in the article completes the necessity of searching for and finding answers to questions about the relationship between climate change and public international law. These are the legal consequences of climate deterritorialisation of sovereign states, such as the status of the population of the state without land territory, the loss of territories by archipelago states, the change of the sea borders, territorial waters, exclusive economic zones, and finally the responsibility of states for climate change. In the context of 'climate refugees', there is still no binding legal act that would meet the needs of thousands of people affected by climate change. This causes dissonance because, beyond any doubt, the situation in which these people find themselves raises a lot of fears - for their own lives, safety, health, etc. Today, entire communities and even countries face the problem of progressing deterritorialisation in face of climate threats. climate change, they face the risk of a non-culpable threat to their sovereignty.

scholarly journals Rising Statelessness Due to Disappearing Island States: Does the Current Status of International Law Offer Sufficient Protection?

2019 ◽  
Vol 1 (1) ◽  
pp. 42-68
Author(s):  
Marija Dobrić
Keyword(s):  
Human Rights ◽  
International Law ◽  
Current Status ◽  
Sea Levels ◽  
Island Populations ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Island States ◽  
Future Challenges ◽  
Rising Sea Levels

Scientific prognoses have shown that by the year 2100, several low-lying island states such as Tuvalu and Kiribati will disappear due to rising sea levels. The submergence of whole territories will have consequences including the displacement of a huge number of islanders. In that context, the question of how to protect their human rights in their future host states is of great importance. In fact, their human rights protection will most likely prove even more difficult if disappearing island states are considered to have lost statehood. Without the nationality of any state, those displaced islanders will be stateless under international law. In this article, the author assesses whether displaced island populations are sufficiently protected by existing international law norms or whether the international community is called upon to create new rules addressing these future challenges.

9 Addressing the Marine Environmental Impacts of Climate Change and Ocean Acidification

2017 ◽  
Author(s):  
Harrison James
Keyword(s):  
Climate Change ◽  
Carbon Sequestration ◽  
Ocean Acidification ◽  
International Law ◽  
Ecological Integrity ◽  
Paris Agreement ◽  
Legal Regime ◽  
Global Regulation ◽  
Marine Environmental ◽  
Impacts Of Climate Change

Chapter 9 addresses the impacts of climate change and ocean acidification on the marine environment and the extent to which international law has reacted to this emerging threat to the ecological integrity of the oceans. These issues are particularly challenging to regulate because of their wide-ranging causes and effects. This chapter, therefore, takes into account both how the global legal regime relating to climate change, including the United Nations Framework Convention on Climate Change and the Paris Agreement, has taken into account the oceans, as well as how sectoral treaties dealing with specific maritime activities have addressed climate change and ocean acidification within their normative framework. In this latter respect, the chapter focuses on the global regulation of carbon emissions from shipping and the way in which the international community has responded to proposed carbon sequestration activities at sea, including sub-seabed storage and geo-engineering.

34 Warming Waters and Souring Seas: Climate Change and Ocean Acidification

2015 ◽  
Author(s):  
Stephens Tim
Keyword(s):  
Climate Change ◽  
Ocean Acidification ◽  
Global Climate ◽  
Law Of The Sea ◽  
Climate Mitigation ◽  
Sea Levels ◽  
Mitigation And Adaptation ◽  
Rising Sea Levels ◽  
The Impact

This chapter examines the impact of climate change and ocean acidification on the oceans and their implications for the international law of the sea. In particular, it assesses the implications of rising sea levels for territorial sea baselines, the seawards extent of maritime zones, and maritime boundaries. It also considers the restrictions placed by the UN Nations Convention on the Law of the Sea (LOSC) upon States in pursuing climate mitigation and adaptation policies, such as attempts to ‘engineer’ the global climate by artificially enhancing the capacity of the oceans to draw CO2 from the atmosphere. The chapter analyzes the role of the LOSC, alongside other treaty regimes, in addressing the serious threat of ocean acidification.

Electrochemical Characteristics of BIS 2062 Carbon Steel Under Simulated Ocean Acidification Scenario

2020 ◽  
Author(s):  
K R DEVIKA ◽  
P MUHAMED ASHRAF
Keyword(s):  
Climate Change ◽  
Carbon Steel ◽  
Ocean Acidification ◽  
Marine Environment ◽  
Research Paper ◽  
Marine Organisms ◽  
Natural Seawater ◽  
Electrochemical Characteristics ◽  
Boat Building ◽  
The Impact

Dear Professor,<div><p>I am herewith enclosing a research paper entitled “<b>Electrochemical characteristics of BIS 2062 carbon steel under simulated ocean acidification scenario.</b>” authored by Devika KR, and me. </p> <p>The research paper highlights the behavior of carbon steel in acidified natural seawater. Ocean acidification is a burning issue under climate change. Several studies have undertaken to understand the behavior marine organisms and marine environment. No studies have initiated regarding the deterioration of materials due to ocean acidification. Large number of materials were deployed in the ocean with different objectives. These materials are under risk as the ocean acidification continues. We believe this is the first attempt to study the impact of ocean acidification on carbon steel. </p> <p>The study conducted to evaluate the impact of ocean acidification on BIS 2062 boat building steel. The results showed that the carbon steel will deteriorate 2 to 3 times higher when pH was changed from 8.05 to 7.90. The data highlights the immediate need to redesign the marine materials within 1-2 decade. The paper also highlights the possible mechanism of deterioration under different pH scenario.</p><p>Thanking you</p><p>Sincerely</p><p>ashrafp</p><br></div>

The Function of Equity in International Law

2021 ◽  
Author(s):  
Catharine Titi
Keyword(s):  
Climate Change ◽  
International Law ◽  
Case Law ◽  
Legal Concept ◽  
Public International Law ◽  
Legal Decisions ◽  
Investment Arbitration ◽  
Maritime Boundary ◽  
Common Misconceptions ◽  
Comprehensive Study

A principle with a long pedigree, equity has been present in legal thought and in municipal legal systems since antiquity. Introduced in international legal decisions through claims commissions and arbitral tribunals, equity became progressively part and parcel of the international law mainstream. This book provides a systematic and comprehensive study of the legal concept of equity as it operates in contemporary international law, setting it on a new basis and dealing with some common misconceptions about it. In contrast with earlier studies on the topic, the book is informed by a body of judicial and arbitral case law that has never been so large and varied and it draws extensively on the prolific case law of investment tribunals, gaining insights from a valuable source that is typically ignored in public international law scholarship. From international cultural heritage law to the law on climate change, from maritime boundary delimitations to decisions on security for costs in investment arbitration, the relevance of equity is more far-reaching than has previously been conceded. As the importance of international law increases, continuously covering new domains, the value of equity increases with it. It is this new function of equity in the international law of the 21st century that this book explores.

scholarly journals Recognition of the Rights of the Victims of Climate Change under Public International Law: A Study

2013 ◽  
Vol 2 (2) ◽  
pp. 41-58
Author(s):  
Piyali Sengupta
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
International Law ◽  
Environmental Disaster ◽  
Complex Issue ◽  
Public International Law ◽  
Environmental Refugees ◽  
The Status ◽  
The Impact ◽  
Climate Refugees

In recent years, climate change is emerging as a major environmental disaster. The impact of such disasters has been the rise in global temperature and flooding of coastal zone communities, frequent droughts and disruptions in rainfall pattern. This has resulted in the increase in the number of environmental refugees. Climate change disasters constitute a major reason for displacement of population than war and persecution. Climate induced migration is a highly complex issue. The status of climate refugees is not recognized in the international framework. The non recognition of these victims in international and national legislations has not only deprived them of their basic human rights but has also raised crucial questions relating to their existence and identity. This paper tries to bring out the lacunae in the present policy and legal framework relating to environmental refugees with reference to the non-refoulement principle. Further, the paper emphasizes on the need to include climate refugees under the term „refugee‟ as laid down in the United Nations Convention relating to the Status of Refugees, 1951and provides suggestions for improving the condition and protection of this hitherto neglected population.

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