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Remarks by Alfred Soons

Published online by Cambridge University Press:  01 March 2021

Alfred Soons*
Affiliation:
Emeritus Professor of Public International Law at Utrecht University, The Netherlands.

Extract

Whether or not there are “shortcomings” in the United Nations Convention on the Law of the Sea (UNCLOS) depends of course on one's view of the adequacy or desirability of the current law, and that in turn depends on one's views of what the current law is. Before I comment on that, it is useful to first summarize what we are talking about, and that is what the consequences are of a rising sea level for the location and extent of maritime jurisdictional areas. And here a distinction must be made between (1) areas that have been delimited between two coastal states by a boundary agreement or a decision by an international court or tribunal, and (2) areas where either there are no adjacent or opposite other coastal states or no delimitation has yet taken place. The first situation in my view does not raise any problems because, in brief, under general international law such boundaries are permanent unless the parties agree to change the existing boundary. Much more can be said about this but there is no time to delve into that area. The second situation is more complicated. Here the international law on “baselines” (in combination with the law on extent and limits of maritime jurisdictional zones) is decisive. A distinction must then be made between the “normal” baseline and artificial baselines (straight baselines, UNCLOS Article 7; and archipelagic baselines, UNCLOS Article 47). I will now concentrate on the “normal” baseline and leave the somewhat more technical issues of straight and archipelagic baselines aside.

Type
Addressing the Law of the Sea Challenges of Sea-Level Rise
Copyright
Copyright © The Author(s), 2021. Published by Cambridge University Press on behalf of The American Society of International Law.

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Footnotes

Arbitrator and counsel in cases before international courts and arbitral tribunals. Member of the International Law Association Committee on sea-level rise and international law.

References

1 The other two provisions of UNCLOS concerning the normal baseline are Article 6 (Reefs) and Article 13 (Low-tide elevations).

2 The continental shelf extending beyond 200M is only partially measured from the baseline (UNCLOS Article 76). And its limit is permanently established by the coastal state according to paragraph 9.

3 ILA Committee on Baselines Under the International Law of the Sea, 2012 Report, at http://www.ila-hq.org/index.php/committees.

4 International Law Association, Committees, at https://www.ila-hq.org/index.php/committees.

5 This regional practice started in 2010 with the Pacific Island Forum Framework for a Pacific Oceanscape, leading to a series of detailed determinations of baselines and limits by several Pacific States, and further developed in the 2015 Taputapuātea Declaration on Climate Change and the 2018 Delap Commitment on Securing Our Common Wealth of Oceans – Reshaping the Future to Take Control of the Fisheries.