Chapter 4 Maintaining Maritime Entitlements in Troubled Waters
Assessing the Influence of the 2021 Pacific Island Forum Declaration
In: Hague Yearbook of International Law / Annuaire de La Haye de droit international, Vol. 36 (2023)Search for other papers by Matthias Nouvet in
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Abstract
Despite the slow onset nature of sea-level rise, states are already taking action to protect their maritime entitlements. A pivotal moment arrived with the adoption of the Pacific Island Forum Declaration on Preserving Maritime Zones in the Face of Climate Change related Sea-Level Rise in August 2021. This groundbreaking declaration embodies existing and uniform State practice in the South Pacific Ocean, asserting the intention to establish, notify, and maintain maritime entitlements notwithstanding climate-induced sea-level rise. This article questions whether the practice of Pacific island Forum members can shape the future international legal framework regarding baselines and maritime entitlements affected by sea-level rise. The Pacific Island Forum declaration highlights the practice of its members in preserving baselines despite sea-level rise, potentially qualifying as subsequent practice under Article 31(3)(b) of the VCLT. Finally, this article argues that the practice of Pacific Island Forum members, particularly their coordinated approach in freezing permanently baselines due to sea-level rise, shows the emergence of special customary law addressing the evolving challenges posed by climate change.