Establishment, Notification, and Maintenance: The Package of State Practice at the Heart of the Pacific Islands Forum Declaration on Preserving Maritime Zones

Abstract

In August 2021, Pacific Islands Forum Leaders issued the Declaration on Preserving Maritime Zones in the Face of Climate Change-Related Sea-Level Rise (PIF Declaration), declaring their intention that their maritime zones, and rights and entitlements flowing from those zones, would be maintained notwithstanding the effects of sea-level rise. This article offers a commentary on the PIF Declaration in the context of scholarly debate on sea-level rise implications for baselines and maritime zones, and in light of its historical lineage. The PIF Declaration’s significance lies in giving prominence to a package of state practice, comprising the establishment of maritime zones using fixed methods, their notification to the international community, and their maintenance over time. The article examines evidence of such practice among PIF members, and considers how such practice advances the PIF Declaration’s claim that the preservation of maritime zones may be achieved through the interpretation and application of the UN Convention on the Law of the Sea.