Regulating displacement due to sea level rise as a result of climate change

Abstract

Climate change is one of the main threats humanity is facing in the 21st century, characterised by the Secretary General of the United Nations as being the “most pervasive threat” in human history. With a changing climate come rising sea levels, and this poses a major threat since it leads to loss of land territory in coastal States, possibly total inundation in some small island States or else degradation transforming them into “rocks” in accordance with article 121 of UNCLOS, incapable of sustaining economic activity and civilisation. Loss of territory or receding coastlines in turn may cause uncertainty relating to maritime jurisdictional zones. Sea Level rise also leads to Climate Change Displaced Persons (CCDPs). It is projected that up to 1.2 billion people could face displacement as a result of ecological threats in the near future. This study, will examine to what extent International law is in a position to address displacement resulting from sea level rise, the kind of security threat that sea level rise poses to global peace and security, the potential effects on displaced persons’ rights, and the possible impact upon the nationality of persons of a State which becomes uninhabitable as a result of sea level rise. This study aims to shed light on the international legal implications of sea level rise on the international community, as well as identify gaps in the current international legal framework, to propose legal recommendations to better address the issue of sea level rise and its ensuing consequences.