Sea-level Rise and Coastal States’ Maritime Entitlements : A Cautious Approach

The aim of this paper is to assess the proposals to “freeze” the maritime entitlement of coastal States in the face of sea-level rise. It first places sea-level rise in the context of climate change in the Anthropocene and briefly looks at the international community’s responses, identifying the particular concerns of small island developing States. It then examines the current law of the sea on baselines and maritime zones, and responses within the law to mitigate the impact of sea-level rise. The paper then turns to solutions recommended in academic circles, as well as official calls within international bodies, to fix the outer limits of maritime zones to ensure they remain unaffected by sea-level rise. The paper argues that several crucial aspects of such solutions are left undetermined, and cautions that thorough, balanced and carefully designed solutions are needed. This paper is intended as a fresh contribution to the current debate on the legal effects of sea-level rise on coastal States’ maritime entitlements; while there is a plethora of academic writings breathlessly advocating for the permanent fixing of coastal States’ maritime entitlements, there is a shortage of critical and balanced analyses