Anneliese Dodds (Labour)

When UNCLOS was drafted, significant sea level rise and changes in coastlines as a result of the climate crisis were not contemplated by the drafters, and no provision was made for this. However, with sea level rise, coastlines are likely to regress, and some features may be completely inundated and lost.

The International Law Commission is the UN body of international law experts responsible for studying and making recommendations to encourage the progressive development and codification of international law. ILC work on the topic of sea level rise in international law has been ongoing since 2019, and the UK has responded to ILC requests for information on state practice. On 6 August 2021, the Pacific Islands Forum made a declaration to the effect that having, in accordance with UNCLOS, established and notified their maritime zones to the UN Secretary-General, Pacific Islands Forum members intend to maintain these zones without reduction, notwithstanding climate change-related sea level rise, and will not review or update the baselines or outer limits of their maritime zones as a consequence of climate change-related sea level rise. The Alliance of Small Island States made a similar statement in their leaders’ declaration in September 2021.

Having considered the work of the ILC to date on the issue of maritime boundaries, and the views of our partners, I can confirm that the UK Government take the view that UNCLOS imposes no express or affirmative obligation on states to keep their baselines or the outer limits of maritime zones derived from them under review, or to update them once they have been established in accordance with UNCLOS. UNCLOS provides that baselines and outer limits of the maritime zones are as shown on the relevant chart or specified by co-ordinates. It does not expressly require coastal states to update those charts or co-ordinates. This position is consistent with the object and purpose of UNCLOS as a regime for securing a stable division of maritime space. Once a state has established its maritime zones in accordance with UNCLOS, it is permitted to maintain those maritime zones, and the rights and entitlements that flow from them, notwithstanding changes to coastlines and physical features that result from sea level rise caused by the climate crisis. This does not prejudice the UK Government’s position on other international law questions raised by sea level rise that the ILC is also considering.

[Source]