International cooperation and the protection of persons affected by sea-level rise

Abstract

In recent years, the prospect of rising sea-levels as an adverse impact of climate change has gained increasing importance for a significant part of the international community. More than 70 States are likely to see their territories partially or completely inundated as a result of this slow-onset phenomenon, which jeopardises the habitability of often densely populated areas and puts a large number of persons’ lives and livelihoods at risk. Without timely and proactive interventions, moreover, displacement to other States is likely to become inevitable. In light of the global impact of sea-level rise, international cooperation is vital to adequately respond to it, mitigate its damaging effects, and protect those affected by it. Cooperation is therefore a practical necessity and a moral imperative. Cooperation is, in addition, a legal duty imposed by international law. The International Law Commission (ILC) has recently included in its active agenda the topic “Sea-level rise in relation to International Law” and created a Study Group to examine the legal issues related to a) Law of the Sea; b) Statehood; and c) Protection of Persons affected by sea-level rise. While the work of the Study Group is still at an early stage, addressing the legal framework for the protection of persons affected by sea-level rise provides a renewed opportunity to clarify the content and manifestations of non-affected States’ duty to cooperate.