Chapter 18 - Climate change and the legal implications of rising sea levels on low-lying states

Abstract

There is significant awareness of how sea-level rise causes states to lose their land territory, but the associated issue of maritime territory loss is less widely known. Maritime territory loss can happen where sea-level rise causes states’ oceanic boundaries to retreat with the coastline, due to the way in which the 1982 UN Convention on the Law of the Sea (LOSC) sets out rules on maritime territory. This could result in the loss of ocean space and resources for many climate-vulnerable states. This chapter explores how the retention of maritime territory has become an ongoing legal issue and analyzes several potential solutions under the LOSC framework to address this challenge. It also examines approaches proposed and taken beyond the LOSC's provisions.