Sea-Level Rise and Human Mobility: The Legal Implications for Ireland’s Foreign and Domestic Policies

Abstract

In October 2023, the Irish government’s Report of the Inter-Departmental Group on National Coastal Change Management Strategy concluded it was inevitable that, as a result of rising sea levels, a managed retreat may in time be required along some parts of the Irish coastline. This stark warning highlights Ireland’s vulnerability as an island nation to global climate change and sea-level rise. While adaptive measures can be made to protect coastal communities, there is a need to undertake comprehensive planning to prepare for the foreseeable impacts of climate change. Ireland is not alone in facing such risks—over a third of states in the world are directly affected by sea-level rise. Such scenarios raise complicated legal questions, which prompted the UN International Law Commission (ILC) to commence analysis in 2018 of the legal implications of sea-level rise. This article starts by examining recent developments concerning the legal implications of climate change in general, before specifically analysing the ongoing work of the ILC on sea-level rise and human mobility. Drawing on international legal and policy frameworks, the article then considers Ireland’s obligations arising from sea-level rise and population displacement. In particular, it addresses a) Ireland’s foreign policy, including international development assistance and legal migration routes for persons fleeing the impacts of sea-level rise; and b) domestic policies relating to climate change adaptation and planning for internal climate displacement.