The Legal Effects of Sea-Level Rise on Maritime Boundary Treaties and Responses under the Principle of Rebus Sic Stantibus
The United Nations Convention on the Law of the Sea,which was negotiated and enacted prior to the many challenges to international law posed by sea-level rise,provides limited legal tools,but the scientifically proven fact of sea-level rise will inevitably affect its interpretation and application.As sea-level rise may cause changes in the legal status of offshore features,baselines and associated maritime zones,changes in associated points and islands that have been or may be used in the future in the establishment of maritime boundaries through agreements and judgements will have legal implications for maritime delimitation.The optimal solution for now remains to deal with this issue within the existing legal framework.The Vienna Convention on the Law of Treaties provides legal guidance to the international community on how to appropriately address the legal implications of sea-level rise for maritime boundary treaties.Existing jurisprudence shows that the rebus sic stantibus principle cannot be used to override existing maritime delimitation treaties or judgments and adjudications,and that maritime boundaries are stable.States,including"specially-affected States",have also tended to recognize the certainty and predictability of maritime boundary treaties.The"doctrine of uti possidetis"could also be used to maintain the stability of maritime boundaries prior to the formation of relevant customary international law rules.
United Nations Convention on the Law of the SeaVienna Convention on the Law of TreatiesSea-level RiseMaritime Boundary TreatiesRebus Sic Stantibus Principle
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