Sea Level Rise and Shifting Maritime limits: Stable Baselines as a Response to Unstable Coastlines
Source at https://doi.org/10.23865/arctic.v9.1162 . 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...
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ftunivtroemsoe:oai:munin.uit.no:10037/13614 2023-05-15T14:22:10+02:00 Sea Level Rise and Shifting Maritime limits: Stable Baselines as a Response to Unstable Coastlines Busch, Signe Veierud 2018-06-22 https://hdl.handle.net/10037/13614 eng eng Cappelen Damm Akademisk Arctic Review on Law and Politics Busch, S.V. (2018). Sea Level Rise and Shifting Maritime limits: Stable Baselines as a Response to Unstable Coastlines. Arctic Review on Law and Politics, 9, 174-197. https://doi.org/10.23865/arctic.v9.1162 FRIDAID 1596837 1891-6252 2387-4562 https://hdl.handle.net/10037/13614 openAccess baselines sea level rise ambulatory limits delta baselines stability adaptation climate change LOSC vulnerable States small island States unstable coastline straight baselines VDP::Samfunnsvitenskap: 200::Rettsvitenskap: 340 VDP::Social science: 200::Law: 340 Journal article Tidsskriftartikkel Peer reviewed 2018 ftunivtroemsoe https://doi.org/10.23865/arctic.v9.1162 2021-06-25T17:56:02Z Source at https://doi.org/10.23865/arctic.v9.1162 . 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 University of Tromsø: Munin Open Research Archive Arctic Review on Law and Politics 9 0 174 |
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Open Polar |
collection |
University of Tromsø: Munin Open Research Archive |
op_collection_id |
ftunivtroemsoe |
language |
English |
topic |
baselines sea level rise ambulatory limits delta baselines stability adaptation climate change LOSC vulnerable States small island States unstable coastline straight baselines VDP::Samfunnsvitenskap: 200::Rettsvitenskap: 340 VDP::Social science: 200::Law: 340 |
spellingShingle |
baselines sea level rise ambulatory limits delta baselines stability adaptation climate change LOSC vulnerable States small island States unstable coastline straight baselines VDP::Samfunnsvitenskap: 200::Rettsvitenskap: 340 VDP::Social science: 200::Law: 340 Busch, Signe Veierud 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 VDP::Samfunnsvitenskap: 200::Rettsvitenskap: 340 VDP::Social science: 200::Law: 340 |
description |
Source at https://doi.org/10.23865/arctic.v9.1162 . 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 |
Busch, Signe Veierud |
author_facet |
Busch, Signe Veierud |
author_sort |
Busch, Signe Veierud |
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 |
publishDate |
2018 |
url |
https://hdl.handle.net/10037/13614 |
genre |
Arctic Arctic review on law and politics |
genre_facet |
Arctic Arctic review on law and politics |
op_relation |
Arctic Review on Law and Politics Busch, S.V. (2018). Sea Level Rise and Shifting Maritime limits: Stable Baselines as a Response to Unstable Coastlines. Arctic Review on Law and Politics, 9, 174-197. https://doi.org/10.23865/arctic.v9.1162 FRIDAID 1596837 1891-6252 2387-4562 https://hdl.handle.net/10037/13614 |
op_rights |
openAccess |
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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1766294817302642688 |