Land Reclamation Activities under the Law of the Sea Convention in the Light of Sea Level Rise

Abstract

In this presentation, the presenters approached land reclamation activities (LRA) under the Law of the Sea Convention in the light of sea level rise. As sea level rises, it is expected that coastal baselines (as defined under article 5 UNCLOS) shift landwards resulting in the loss of part of coastal states' areas and attached rights. To preserve land masses, coastal states have the possibility to take measures, such as LRA in order to raise the ground's level and form a new baseline coinciding with the level prior to sea level rise. Halog questions whether LRA can be considered as part of the natural coastline and problematizes the status of LRA in light of other existing examples of artificial land, such as artificial islands, which do not have a territorial sea of their own and do not affect the delimitation (article 60(8) UNCLOS), and permanent harbor works, which are part of the coast (article 11 UNCLOS). Halog ultimately warns about LRA's detrimental effects on the marine environment and recommends using them in moderation while mitigating the damage to the environment. Margat continued with a focus on security issues in the maritime sector connected to the sea level rise and LRA, including the interest of states at sea, economic activities, maritime infrastructures. Security issues linked to SLR and LRA are issues of shifting maritime boundaries (see e.g., 2014 Bay of Bengal Maritime Boundary Arbitration) and maritime zones. In addition, the extension of maritime zones could be done at the expense of the freedoms of the high seas. Margat ended the presentation with a quote from the International Law Commission stating that in the case of LRA it is more important to preserve existing rights than create new ones.