Sea-level rise

Tide of Destiny: The Forthcoming Advisory Opinion of the International Court of Justice and its Potential Impact on the Future of Small Island States

Sabin G. SOLOMON
This article will briefly analyze the recent developments regarding the request made by the United Nations General Assembly for an Advisory Opinion from the International Court of Justice on the 29th of March 2023, as well as succinctly examine the legal challenges posed by sea-level rise and climate change affecting small island States more broadly. The questions we will explore in this article are: What are States’ obligations de lege lata regarding their actions leading to a global rise in sea levels due to their effects on climate change? What are the potential implications of the upcoming ICJ advisory opinion? What are the consequences of partial or complete territorial loss caused by climate change for States?

Seeking Judicial Venues for the Persons Affected by the Sea-Level Rise

Adrian-Nicușor POPESCU
Climate change and especially sea-level rise are threatening the livelihoods of the persons living on the low-lying coastlines and are engendering the undesirable conditions for a future exodus. As recent reports have shown, sea-level rise is a very actual and problematic topic and important decisions must be made in the next years. If the recognition of the refugee status is not guaranteed, the persons affected by sea-level rise must find appropriate judicial venues to file complaints against those States that fail to reduce their contributions to climate change and affect their human rights. How complicated would it be to choose contentious procedures that require the proof of a strong causal link between the unlawful act and the damage, crystallized as rising sea levels? Is the request of an advisory opinion of the International Court of Justice a better option or filing complaints with the national judicial bodies? We considered that future climate change litigation and especially sea-level rise litigation should not be bypassed, as the international community made some strong commitments regarding the reduction of the anthropogenic influence on climate and, therefore, action must be taken to ensure that these commitments are respected and human rights are protected.

The First Acknowledged Climate Change Refugee?

Adrian-Nicușor POPESCU
Climate change and, in particular, sea-level rise mostly affect the coasts of the low-lying island states from the Pacific Ocean, creating the premises for a future humanitarian crisis, because the affected population will have to be relocated to other territories. What should be done for the protection of the environmentally displaced persons? Could States agree to grant them the equivalent protection guaranteed to a refugee? The recent case of a national from the Republic of Kiribati, who searches refugee status in New Zealand after his homeland risks to be submerged, has brought us to the conclusion that sea-level rise could not be ignored anymore. The case was clearly a great opportunity for the acknowledgement of the “climate change refugee” status and showed that, in the future, we may witness a wave of migrants whose right to life is endangered by sea-level rise. Since complementing the legal definition of the refugee or creating new legal tools would be burdensome, we analysed the human rights perspective, which could be an appropriate alternative for enhancing the protection of the individuals affected by sea-level rise.

The Legal Effects of the Sea-Level Rise on the Work Programme of the UN International Law Commission

Bogdan AURESCU
During its 70th session of 2018, the UN International Law Commission decided to include, in its Long-Term Work Programme the topic “Sea-level rise in relation to international law”. This decision was based upon a proposal made by five members of the Commission, including the author of the present article. This paper presents the rationale behind the mentioned proposal, the contents of the syllabus included in the Report of the International Law Commission concerning its 70th session of 2018 and the prospects for this topic on the agenda of the Commission.