ABOUT
TEAM
RESEARCH
LPL EDITIONS
RESEARCH ACADEMY
HAPPENING
RESEARCH
International and European Law
Em preparação para a subida do nível do mar: lidando com as alterações climáticas, reestruturando o território dos Estados e procurando mecanismos para a resolução de conflitos
Responsible Researchers:
Fernando Loureiro Bastos
Fernando Loureiro Bastos
External Researchers:
João Martinho Marques
João Martinho Marques
Financing:
UIDB/04310/2020
UIDB/04310/2020
Project Status:
Ongoing
Ongoing
Summary
This research project, following the work being carried out at the International Law Association and the International Law Commission, aims to analyse international legal issues raised by the rise in sea levels that were not included in the work mandate of these two entities international.
Objectives
The project's objectives can be grouped and summarised into three main axes:
Firstly, the research project aims to determine the level of awareness of specific groups of States regarding the physical and legal phenomenon of sea level rise and the international legal solutions that are being discussed to face it. In this context, taking into account the scarcity of existing studies in the field of International Law of the Sea, the first group to investigate will be those made up of Portuguese-speaking states and territories. In this context, as a starting point for the investigation, it will be necessary to survey the situation of the maritime borders of each of these States and territories and the existing border disputes. Depending on the results achieved, the possibility of moving forward with similar research in other regional spaces, such as Central and South America, including the Caribbean, and the Arctic Ocean and its coastal states, with emphasis on the participants will be considered. at the Arctic Council.
Secondly, the project aims to assess the relationships between sea level rise and climate change, in particular at the level of international responsibility (climate liability), based on projects prepared by the International Law Commission in this field (Draft Articles on Prevention of Transboundary Harm from Hazardous Activities and Draft Articles on Responsibility of States for International Wrongful Acts). In this context, the structuring issue of framing sea level rise will be assessed: whether it can be considered damage that can be repaired and attributable to human behaviour; a consequence of the process of changing the geological epoch, from the Holocene to the Anthropocene, not attributable to human activities; or even if, although a phenomenon of anthropogenic origin, it deserves a different approach from that of international responsibility. The issue is relevant in the context of the loss and damage mechanism (Warsaw International Mechanism for Loss and Damage) created in Warsaw in 2013, and integrated into the Paris Agreement, which has compensatory dimensions. This research axis will have an interdisciplinary aspect, linked to approaches and approaches that are being developed within the scope of other sciences.
Thirdly, the project seeks to scrutinise the operability of the various conflict resolution mechanisms for resolving disputes related to rising sea levels, such as changes that may be introduced in the border lines of States' land and maritime territories, the need to find territories for the resettlement of populations affected by the total or partial loss of their land territory, and the determination of international responsibility for damages resulting from rising sea levels. In terms of the generic framework of the matter, this axis of research will be confronted with the increase in litigation in matters of climate justice in various national, regional and international jurisdictions, with the question of the need and possibility of creating a court specific international approach to issues of an environmental nature and the expansion of the legitimacy of entities authorised to plead before international bodies (such as indigenous populations, with cultural specificities within the scope of a State or non-governmental organisations acting in the environmental or human rights sphere
Firstly, the research project aims to determine the level of awareness of specific groups of States regarding the physical and legal phenomenon of sea level rise and the international legal solutions that are being discussed to face it. In this context, taking into account the scarcity of existing studies in the field of International Law of the Sea, the first group to investigate will be those made up of Portuguese-speaking states and territories. In this context, as a starting point for the investigation, it will be necessary to survey the situation of the maritime borders of each of these States and territories and the existing border disputes. Depending on the results achieved, the possibility of moving forward with similar research in other regional spaces, such as Central and South America, including the Caribbean, and the Arctic Ocean and its coastal states, with emphasis on the participants will be considered. at the Arctic Council.
Secondly, the project aims to assess the relationships between sea level rise and climate change, in particular at the level of international responsibility (climate liability), based on projects prepared by the International Law Commission in this field (Draft Articles on Prevention of Transboundary Harm from Hazardous Activities and Draft Articles on Responsibility of States for International Wrongful Acts). In this context, the structuring issue of framing sea level rise will be assessed: whether it can be considered damage that can be repaired and attributable to human behaviour; a consequence of the process of changing the geological epoch, from the Holocene to the Anthropocene, not attributable to human activities; or even if, although a phenomenon of anthropogenic origin, it deserves a different approach from that of international responsibility. The issue is relevant in the context of the loss and damage mechanism (Warsaw International Mechanism for Loss and Damage) created in Warsaw in 2013, and integrated into the Paris Agreement, which has compensatory dimensions. This research axis will have an interdisciplinary aspect, linked to approaches and approaches that are being developed within the scope of other sciences.
Thirdly, the project seeks to scrutinise the operability of the various conflict resolution mechanisms for resolving disputes related to rising sea levels, such as changes that may be introduced in the border lines of States' land and maritime territories, the need to find territories for the resettlement of populations affected by the total or partial loss of their land territory, and the determination of international responsibility for damages resulting from rising sea levels. In terms of the generic framework of the matter, this axis of research will be confronted with the increase in litigation in matters of climate justice in various national, regional and international jurisdictions, with the question of the need and possibility of creating a court specific international approach to issues of an environmental nature and the expansion of the legitimacy of entities authorised to plead before international bodies (such as indigenous populations, with cultural specificities within the scope of a State or non-governmental organisations acting in the environmental or human rights sphere
Relevance
The awareness of the existence of several international legal problems that require an adequate response in relation to the rise in sea levels led to several related matters beginning to be the subject of reflection and investigation within the scope of the International Law Association. Firstly, between 2008 and 2016, at the level of the Committee on Baselines under the International Law of Sea, to study the effects of sea level rise on normal baselines. Secondly, from 2012, within the scope of the Committee on International Law and Sea Level Rise, with broader material objectives.
The mandate of the Committee on International Law and Sea Level Rise is, in fact, quite broad, covering matters of International Law of the Sea, issues related to forced migration and International Human Rights Law and the analysis of the qualification criteria for a community as State, being presented as follows:
1. to study the possible impacts of sea-level rise and the implications under international law of the partial and complete inundation of state territory, or depopulation thereof, in particular of small island and low-lying states; and
2. to develop proposals for the progressive development of international law in relation to the possible loss of all or of parts of state territory and maritime zones due to sea-level rise, including the impacts on statehood, nationality, and human rights.
The first results of the work of the Committee on International Law and Sea Level Rise were presented, in 2018, at the biannual Conference of the International Law Association that took place in Sydney, Australia, being a relevant doctrinal contribution to the discussion of international legal problems caused by sea level rise.
The inevitable potential practical relevance of international legal problems arising from rising sea levels led to the matter being assessed, from 2019 onwards, within the scope of the International Law Commission of the United Nations. A proposal to this effect had been presented, the previous year, by four members of the International Law Commission, including Professor Patrícia Galvão Teles.
The work of the open-ended study group on Sea-Level Rise in relation to International Law will take place initially until 2021, and may be extended thereafter.
This research project, following the work being carried out at the International Law Association and the International Law Commission, aims to analyse international legal issues raised by the rise in sea levels that were not included in the work mandate of these two entities international.
The mandate of the Committee on International Law and Sea Level Rise is, in fact, quite broad, covering matters of International Law of the Sea, issues related to forced migration and International Human Rights Law and the analysis of the qualification criteria for a community as State, being presented as follows:
1. to study the possible impacts of sea-level rise and the implications under international law of the partial and complete inundation of state territory, or depopulation thereof, in particular of small island and low-lying states; and
2. to develop proposals for the progressive development of international law in relation to the possible loss of all or of parts of state territory and maritime zones due to sea-level rise, including the impacts on statehood, nationality, and human rights.
The first results of the work of the Committee on International Law and Sea Level Rise were presented, in 2018, at the biannual Conference of the International Law Association that took place in Sydney, Australia, being a relevant doctrinal contribution to the discussion of international legal problems caused by sea level rise.
The inevitable potential practical relevance of international legal problems arising from rising sea levels led to the matter being assessed, from 2019 onwards, within the scope of the International Law Commission of the United Nations. A proposal to this effect had been presented, the previous year, by four members of the International Law Commission, including Professor Patrícia Galvão Teles.
The work of the open-ended study group on Sea-Level Rise in relation to International Law will take place initially until 2021, and may be extended thereafter.
This research project, following the work being carried out at the International Law Association and the International Law Commission, aims to analyse international legal issues raised by the rise in sea levels that were not included in the work mandate of these two entities international.
.
No data was found
.
No data was found
