Legal Certainty and Stability in the Face of Sea Level Rise: Trends in the Development of State Practice and International Law Scholarship on Maritime Limits and Boundaries

被引:2
|
作者
Vidas, Davor [1 ,2 ]
Freestone, David [2 ]
机构
[1] Fridtjof Nansen Inst Polhogda, Lysaker, Norway
[2] ILA Comm Int Law & Sea Level Rise, Brussels, Belgium
来源
关键词
sea level rise; baselines and outer limits of maritime zones; maritime boundaries; State practice; treaty interpretation; subsequent practice; International Law Commission (ILC; International Law Association (ILA); BASE-LINES;
D O I
10.1163/15718085-bJA10106
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
This article identifies and documents a trend in State practice over the past decade or so, regarding the impact of sea level rise on the lawfully determined limits of mari-time zones and the existing maritime boundaries. It juxtaposes this development with the findings and recommendations of two committees of the International Law Association in 2012 and 2018 -the Committees on Baselines and Sea Level Rise -and examines the role played since 2019 by the International Law Commission. It explores the implications of emerging State practice for the interpretation of the rules and prin-ciples of the 1982 UN Law of the Sea Convention. It documents the complex interac-tions between the findings of international law scholarship and the evolution of State practice, and concludes that this interaction has played an important role in facilitat-ing legal certainty and stability in the development of a response to this increasingly pressing international law issue.
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页码:673 / 725
页数:53
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