Baselines under the International Law of the Sea

Sea-level rise and submerged land territory: A study of the legal establishment of substitute artificial islands to sustain statehood and maritime zones of Small Island Developing States

“…21 Some of the changes that we are witnessing will be irreversible for decades. 22 1.2 The Consequences of Climate Change For SIDS Coastal and island States are considered especially vulnerable to some of the unique effects of climate change along their coastlines. For this reason, they were the subject of a unique study by the IPCC on the ocean and cryosphere in 2019.…”

“…45694, p. 3. 206 Agreement on Fisheries Subsidies (Geneva, 17 June 2022), World Trade Organization document WT/MIN (22)/33-WT/L/1144, annex. 207 UNGA, ILC, Seventy-fourth session, Sea-level rise in relation to international law, Additional paper to the first issues paper (note 183 above) 97 -109.…”

“…Additionally, there is a further manifestation of the land dominates the sea principle as the mere existence of an island fulfilling the criteria in terms of Article 121 (1) of UNCLOS, results in maritime territory. 22 The principle that the land dominates the sea is applicable to maritime zones; however, the continental shelf is distinct as the principle of natural promulgation is applicable thereto. Thao asserts that the continental margin is a natural prolongation of its land territory, and the implication of this is that they have existed since the moment the State was formed.…”

“…Traditionally, normal baselines, as drawn in terms of Article 5 of UNCLOS, have been considered to be ambulatory in nature. 22 This means that as sea levels rise, baselines recede landward, affecting the outer limits of these maritime zones.…”

“…UNGA, ILC, Seventy-fourth session, Additional paper to the first issues paper (note 13 above) para 136 22. Article 121 (2), UNCLOS 23.…”