Researchers' Activities

29 October 2021: CIL Director Dr Nilüfer Oral Was Invited by the Alliance of Small Island States (AOSIS), Pacific Islands Forum (PIF) and Asian-African Legal Consultative Organization (AALCO) to a Virtual Informal Discussion on “Why it is Urgent to Register and Publish Maritime Zone Information in View of Rising Seas”

Climate change has proven to be a phenomenon that poses immeasurable risks and impacts to every nation on earth, affecting billions of people in a multitude of ways. While the effects of climate change are global, the impacts on Small Island Developing States (SIDS) are particularly acute, especially on low-lying island nations who face the dangers of sea-level rise.

Pursuant to article 5 and article 7 of the United Nations Convention on the Law of the Sea (UNCLOS), with some exceptions, the outer limits of maritime zones are measured from the low-water lines along the coast as marked on large-scale charts officially recognized by the relevant coastal States (also known as normal baselines) or from straight baselines. Therefore, such baselines are important factors for establishing the maritime zones of a state.

Pursuant to UNCLOS, States are required to deposit charts or lists of geographical coordinates of points concerning baselines, outer limits of maritime zones and maritime boundaries with the Secretary-General of the United Nations. UNCLOS does not explicitly address the impact on baselines or outer limits of maritime zones from loss of land territory resulting from sea level rise. Shifting of the low-water line landward and variations of other features used to draw baselines could affect the area over which States have maritime entitlements, as well as the basis on which maritime boundaries were delimited. This, as stated in the Report of the Secretary-General on oceans and the law of the sea A/75/70, has potential consequences for coastal States’ sovereign rights and jurisdiction in those areas, including sovereign rights to explore, exploit and conserve living and non-living resources, as well as on the rights and freedoms of other States.

Based on considerations of stability and certainty of international law as well as equity and fairness, several island states have committed to keep maritime zones fixed once they are delineated in accordance with the UNCLOS.

In 2021, in their Declaration on Preserving Maritime Zones in the face of Climate-Change related Sea-level rise, the Leaders of the Pacific Islands Forum (PIF) proclaimed that the maritime zones of PIF Members, as established and notified to the Secretary-General of the United Nations in accordance with UNCLOS, and the rights and entitlements that flow from them, shall continue to apply, without reduction, notwithstanding any physical changes connected to climate change-related sea-level rise.

Additionally, in the 2021 Alliance of Small Island States (AOSIS) Leaders Declaration,

members of the alliance expressed their will to see the continuity of maritime zones and the rights and entitlements that flow from them without reduction once such maritime zones are established and notified to the UNSG, notwithstanding any physical changes connected to climate change-related sea-level rise.

Similarly, on its 78th Conference, the International Law Association (ILA) took the position that baselines determined in accordance with UNCLOS should not be required to be recalculated should sea-level change affect the geographical reality of the coastline in the interest of legal certainty and stability.

Noting the low number of Member States who have submitted deposits of maritime zone information, AALCO, PIF and AOSIS is seeking to discuss the importance of submitting such information as well as address the relationship between climate change-related sea-level rise and maritime zones.

Program

The discussion will address following issues:

1. Process in UNCLOS to deposit baselines/outer limits, and status of deposits
2. Legal implications of deposit, including updating
3. Potential issues with deposits
4. Contested outer limits
5. Adding observations to deposit
6. Overcoming technical barriers to deposit

Speakers:

• H.E. Walton A. Webson, Chair of AOSIS
• H.E. Roy S. Lee, Permanent Representative of AALCO to the United Nations
• Professor Bogdan Aurescu, Co-Chair, ILC Working Group on Sea-Level Rise and International Law, ILC member
• Professor Nilufer Oral, Co-Chair, Working Group on Sea-Level Rise and International Law, ILC Member
• Professor Charles Jalloh, ILC member
• Prof Clive Schofield, World Maritime University

26 October 2021: CIL Director Dr Nilüfer Oral Was One of the Invited Speakers at Freshfields’ Public International Law Seminar, Titled “Sea-level rise: what are the implications for international law?”

During this year’s Sixth Committee (Legal) of the United Nations General Assembly, Freshfields hosted its annual Public International Law Seminar. In keeping with Freshfields’ past events, a distinguished panel of speakers was invited to explore a topical question of international law of interest to States, international organisations and businesses, judges, practitioners, and academics.

The subject of this year’s seminar was ‘Sea-level rise: what are the implications for international law?’

Professor Nilüfer Oral (Member of the International Law Commission and Director of the Centre of International Law (CIL) at the National University of Singapore),

Daphne Hong (Director-General, International Affairs Division, Attorney-General’s Chambers of Singapore),

Professor Jean-Marc Thouvenin (Secretary-General of the Hague Academy of International Law and Professor agrégé at the University Paris Ouest Nanterre-La Defense), and

Alexandra van der Meulen (Counsel at Freshfields),

joined Will Thomas QC, head of Freshfields’ public international law group, in an hour-long interactive discussion.

The speakers covered a wide range of issues, including:

• What impact will sea-level rise have on existing maritime entitlements, features and boundaries?
• How will sea-level rise affect the statehood of vulnerable island States?
• Is existing international law ‘fit for purpose’ when it comes to addressing the potential impact of sea-level rise on the global community; or, is material change to the current legal regime necessary?
• What progress has the International Law Commission made in considering these issues?

What is the view of vulnerable, low-lying States?

Listen to Dr Nilüfer Oral as she speaks with Leigh Giangreco at BRILL’s Survival by Degrees on Climate Change, Oceans and Gender.

4 October 2021: CIL Director Dr Nilüfer Oral Was Invited to Speak at Macquarie University’s Law and Nature Dialogue Webinar Series, Titled “Towards a New BBNJ Agreement: Negotiating a New Treaty for the Conservation of Marine Biodiversity in Areas Beyond National Jurisdiction”

As a step to consolidate its status as a globally leading hub for biodiversity law and governance, the Centre for Environmental Law (CEL) at Macquarie University launched its first ever webinar series “Law & Nature Dialogue” earlier this year. It is planned to welcome a prominent speaker to share their expertise once a month during the semester. Dr Nilufer Oral was the invited speaker in October.

In her lecture, Nilufer discussed the history and current developments of the negotiation at the United Nations for a new international agreement for the conservation and sustainable use of biological diversity in areas beyond national jurisdiction. The lecture reviewed the key topics of marine genetic resources, areas-based management tools including marine protection areas, environmental impact assessment, capacity building, technology development and transfer, and other cross-cutting issues.

1 October 2021: CIL Director Dr Nilüfer Oral Was Invited to Speak at the Webinar Organized by the University of Trento, Titled “Climate Change and Sea-Level Rise Legal Consequences from the Law of the Sea, Statehood and Affected Persons Perspectives”

The University of Trento, Faculty of Law hosted a webinar, entitled, Climate Change and Sea-Level Rise: Legal Consequences from the Law of the Sea, Statehood and Affected Persons Perspectives on 1 October 2021, via Zoom.

For more information see here and the programme.

Dita Liliansa, CIL Research Associate, spoke at the ARIEL Webinar on Ocean Governance in Southeast Asia: Regional Approaches and National Action, 29 September 2021, organised by Asian Research Institute for Environmental Law (ARIEL). The webinar discussed various aspects of regional ocean governance for the protection of marine environment in Southeast Asia.

21 September 2021: CIL Research Associate Dita Liliansa at RSIS Roundtable on Defining Maritime Security: Regional Divergence and Commonalities.

The Rhodes Academy of Oceans Law and Policy is an international collegial institution dedicated to fostering a better understanding of the modern law of the sea. Through education on the principles of contemporary oceans law and policy, the Rhodes Academy seeks to promote adherence to the rule of law in the world’s oceans. Founded in 1995, the Academy held its inaugural session in the summer of 1996 and operates on an annual basis.

 

This year’s Rhodes Academy was conducted virtually from 4-14 July 2021. Dr Nilufer Oral was invited to give a lecture on “Climate Change and Law of the Sea” on 9 July 2021. There were 16 lectures plus three question and answer periods at this year’s academy.

 

Please click the link to find out more about the Rhodes Academy: https://marine.unh.edu/academics/rhodes-academy

Prof Robert Beckman gave lectures to officers from the 20 contracting parties to the Regional Cooperation Agreement on Countering Piracy and Armed Robbery against Ships in Asia (ReCAAP).

Dr Nilüfer Oral Was Invited by the AEGEAN INSTITUTE OF THE LAW OF THE SEA AND MARITIME LAW to Speak at the E-Conference on World Oceans Day Titled “Peaceful Settlement of Disputes in the Oceans in the 21^st Century”. The Title of Dr Oral’s Presentation was “Sea-level Rise and Implications for Peaceful Settlement of Disputes”