Sea Level Rise and Shifting Maritime Limits: Stable Baselines as a Response to Unstable Coastlines
It is a long known fact that climate change will result in sea level rise and dramatically changed coastlines for a number of coastal States, and the physical consequences of sea level rise are most likely unavoidable for several coastal States due to their geographical location, size and topography...
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Cappelen Damm Akademisk NOASP
2018
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Online Access: | https://doi.org/10.23865/arctic.v9.1162 https://doaj.org/article/74424c85c4514f6c836f98b0d23e60cd |
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ftdoajarticles:oai:doaj.org/article:74424c85c4514f6c836f98b0d23e60cd 2023-05-15T14:21:31+02:00 Sea Level Rise and Shifting Maritime Limits: Stable Baselines as a Response to Unstable Coastlines Signe Veierud Busch 2018-06-01T00:00:00Z https://doi.org/10.23865/arctic.v9.1162 https://doaj.org/article/74424c85c4514f6c836f98b0d23e60cd EN NO eng nor Cappelen Damm Akademisk NOASP https://arcticreview.no/index.php/arctic/article/view/1162/2604 https://doaj.org/toc/2387-4562 2387-4562 doi:10.23865/arctic.v9.1162 https://doaj.org/article/74424c85c4514f6c836f98b0d23e60cd Arctic Review on Law and Politics, Vol 9, Iss 0, Pp 174-194 (2018) baselines sea level rise ambulatory limits delta baselines stability adaptation climate change LOSC vulnerable States small island States unstable coastline straight baselines Law K article 2018 ftdoajarticles https://doi.org/10.23865/arctic.v9.1162 2022-12-31T05:00:12Z It is a long known fact that climate change will result in sea level rise and dramatically changed coastlines for a number of coastal States, and the physical consequences of sea level rise are most likely unavoidable for several coastal States due to their geographical location, size and topography. It is highly debatable whether the Law of the Sea Convention is equipped for dealing with the current challenges of sea level rise and maritime limits, and it may be argued that its rule of ambulatory baselines may contribute to loss of territory, relocation of maritime zones, uncertainty and instability. This article investigates the current status of the law regulating maritime limits which may be affected by sea level rise, and argues that the best solution is to adapt the law within the current legal framework of the Law of the Sea, by undertaking a liberal interpretation of the already existing provisions of the LOSC, instead of invoking the amendment procedures of the LOSC, a new supplementary agreement or creating new customary law. In particular, the article explores the option of re-interpreting the law of baselines in Article 7, offering an adapting measure that mitigates the climate change effects on sea level rise. It is argued that a liberal interpretation of the LOSC can contribute to increased stability and juridical protection of the maritime entitlements for some of the States suffering the consequences of sea level rise. Article in Journal/Newspaper Arctic Arctic review on law and politics Directory of Open Access Journals: DOAJ Articles Arctic Review on Law and Politics 9 0 174 |
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Open Polar |
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Directory of Open Access Journals: DOAJ Articles |
op_collection_id |
ftdoajarticles |
language |
English Norwegian |
topic |
baselines sea level rise ambulatory limits delta baselines stability adaptation climate change LOSC vulnerable States small island States unstable coastline straight baselines Law K |
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baselines sea level rise ambulatory limits delta baselines stability adaptation climate change LOSC vulnerable States small island States unstable coastline straight baselines Law K Signe Veierud Busch Sea Level Rise and Shifting Maritime Limits: Stable Baselines as a Response to Unstable Coastlines |
topic_facet |
baselines sea level rise ambulatory limits delta baselines stability adaptation climate change LOSC vulnerable States small island States unstable coastline straight baselines Law K |
description |
It is a long known fact that climate change will result in sea level rise and dramatically changed coastlines for a number of coastal States, and the physical consequences of sea level rise are most likely unavoidable for several coastal States due to their geographical location, size and topography. It is highly debatable whether the Law of the Sea Convention is equipped for dealing with the current challenges of sea level rise and maritime limits, and it may be argued that its rule of ambulatory baselines may contribute to loss of territory, relocation of maritime zones, uncertainty and instability. This article investigates the current status of the law regulating maritime limits which may be affected by sea level rise, and argues that the best solution is to adapt the law within the current legal framework of the Law of the Sea, by undertaking a liberal interpretation of the already existing provisions of the LOSC, instead of invoking the amendment procedures of the LOSC, a new supplementary agreement or creating new customary law. In particular, the article explores the option of re-interpreting the law of baselines in Article 7, offering an adapting measure that mitigates the climate change effects on sea level rise. It is argued that a liberal interpretation of the LOSC can contribute to increased stability and juridical protection of the maritime entitlements for some of the States suffering the consequences of sea level rise. |
format |
Article in Journal/Newspaper |
author |
Signe Veierud Busch |
author_facet |
Signe Veierud Busch |
author_sort |
Signe Veierud Busch |
title |
Sea Level Rise and Shifting Maritime Limits: Stable Baselines as a Response to Unstable Coastlines |
title_short |
Sea Level Rise and Shifting Maritime Limits: Stable Baselines as a Response to Unstable Coastlines |
title_full |
Sea Level Rise and Shifting Maritime Limits: Stable Baselines as a Response to Unstable Coastlines |
title_fullStr |
Sea Level Rise and Shifting Maritime Limits: Stable Baselines as a Response to Unstable Coastlines |
title_full_unstemmed |
Sea Level Rise and Shifting Maritime Limits: Stable Baselines as a Response to Unstable Coastlines |
title_sort |
sea level rise and shifting maritime limits: stable baselines as a response to unstable coastlines |
publisher |
Cappelen Damm Akademisk NOASP |
publishDate |
2018 |
url |
https://doi.org/10.23865/arctic.v9.1162 https://doaj.org/article/74424c85c4514f6c836f98b0d23e60cd |
genre |
Arctic Arctic review on law and politics |
genre_facet |
Arctic Arctic review on law and politics |
op_source |
Arctic Review on Law and Politics, Vol 9, Iss 0, Pp 174-194 (2018) |
op_relation |
https://arcticreview.no/index.php/arctic/article/view/1162/2604 https://doaj.org/toc/2387-4562 2387-4562 doi:10.23865/arctic.v9.1162 https://doaj.org/article/74424c85c4514f6c836f98b0d23e60cd |
op_doi |
https://doi.org/10.23865/arctic.v9.1162 |
container_title |
Arctic Review on Law and Politics |
container_volume |
9 |
container_issue |
0 |
container_start_page |
174 |
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1766294227268927488 |