Sea-level rise and the law of the sea

Sea-level rise impacts on states in different ways, so localized responses are required. Only recently has a concerted effort been focused on understanding how the law of the sea can accommodate or respond to changes in coastal geography and the loss of territory through sea-level rise. There are both practical legal and moral arguments in favour of stabilizing current baselines in measuring maritime zones. Unstable baselines generate wider uncertainty in the exercise of maritime jurisdiction and related rights and duties. Stabilizing baselines can counter this, and ‘compensate’ for the loss of land territory without unfairly depriving other states of their entitlements. Although individual states could adapt domestic laws or enter into agreements with other states to secure their baselines, some wider recognition of this approach (for example, through new agreements, or an amendment of UNCLOS) would serve to legitimize practice. Where territorial changes from sea-level rise are more profound, such as to threaten the functional basis of the state, then cross-cutting, multi-institutional responses will be required.