Suggestions on International Law System to Mitigate the Adverse Effects of Sea-level Rise Caused by Climate Change

Abstract

Sea-level rise is closely linked to increasing global temperatures. Even as uncertainties remain about how much sea level may rise this century, it is virtually certain that sea-level rise this century and beyond will pose a growing challenge to coastal communities, infrastructure, and ecosystems. Sea-level rise has been mentioned as one of serious risks. It means that sea-level rise has become a global phenomenon and thus creates global problems, impacting on the international community as a whole. The legal matters of sea level rise caused by climate change are challenging for humankind, but there are still having blank spaces in legal research and practice closely related to sea level rise. This essay tries to deal with the possible legal effects of sea-level rise on the international law system from three aspects: legal status of maritime features and fixed baselines and outer limits of the maritime spaces measured from the baselines. It also discusses the legal recommendations on international law to mitigate the adverse effects of sea-level rise. Specifically, by analyzing the possible legality of reclamation and fortification activities on maritime features and fixed baselines and to promote international community to improve domestic legislation, cooperate in international and regional organization. Summarily, the suggestions on international law system to mitigate the adverse effects of sea-level rise caused by climate change are following: Firstly, recognizing and admitting evolutionary interpretation and application of existing international treaties and conventions concerning climate change, especially the United Nations Convention on the Law of the Sea (UNCLOS), United Nations Framework Convention on Climate Change (UNFCCC) and related protocols. Secondly, paying attention to the development of international and regional customary law from the aspect of opinio juris and state practice. Thirdly, Enacting implementation rules on the certain articles of UNCLOS.