In: Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 41, 2023
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Abstract
This research paper explores the implications of sea level rise on the legal status of islands. It examines whether islands, as defined in Article 121 of the United Nations Convention on the Law of the Sea (UNCLOS), could lose their status, and be classified as rocks if they become uninhabitable. The paper delves into the impact of sea-level rise on the habitability criteria outlined in Article 121(3) and UNCLOS, judicial decisions, and the International Law Commission’s report to address the vulnerabilities of islands. The research aims to assess the flexibility of the island definition, identify gaps in the current regime, and propose recommendations for an enhanced framework to address sea-level rise’s challenges. Ultimately, the paper seeks to contribute to and advocate for comprehensive legal responses to safeguard the rights and interests of affected island states amid rising sea levels.
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