Rising Tides, Shifting Boundaries: The Legal Implications of Sea-Level Rise and the Freezing of Maritime Baselines
Rising Tides, Shifting Boundaries: The Legal Implications of Sea-Level Rise and the Freezing of Maritime Baselines

Summary/Abstract: This paper examines the legal and geopolitical implications of rising sea levels, particularly in relation to maritime boundaries and the concept of freezing baselines under international law. Building upon climate science, international legal principles, and case law, this paper synthesizes findings from the Intergovernmental Panel on Climate Change (IPCC), United Nations Convention on the Law of the Sea (UNCLOS), and key international legal precedents. A multidisciplinary legal analysis is employed, incorporating treaty interpretation, state practice, and judicial decisions to assess the viability of fixed maritime baselines. The study finds that while UNCLOS does not explicitly mandate ambulatory baselines, principles such as legal stability and state practice provide a legal basis for fixed baselines. However, counter arguments exist, particularly regarding the dynamic nature of coastlines and maritime zones. The evolving legal landscape requires international cooperation to reconcile legal certainty with environmental realities. The potential codification of fixed baselines, recognition of climate-induced statelessness, and the role of equity in maritime delimitation are explored as future pathways. This paper contributes to the growing discourse on climate change and international law by evaluating the legal justifications for freezing baselines and their potential to shape emerging customary law.

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