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Article: Stability of maritime boundaries and the challenge of geographical change: A reply to Snjólaug Árnadóttir
Title | Stability of maritime boundaries and the challenge of geographical change: A reply to Snjólaug Árnadóttir |
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Authors | |
Keywords | fundamental change of circumstances maritime boundaries maritime delimitation sea level rise UNCLOS |
Issue Date | 2022 |
Citation | Leiden Journal of International Law, 2022, v. 35, n. 2, p. 379-395 How to Cite? |
Abstract | Geographical phenomena impacting the shape of coastlines may have implications for the stability of maritime boundaries delimited by agreement or judicial process. Sea level rise resulting from human-caused climate change has recently arisen as an additional phenomenon compelling the re-assessment of the stability of maritime boundaries over time. In a recent article published in this Journal, Dr. Snjólaug Árnadóttir has argued that a solution to the challenges of coastline change could be for maritime boundaries to fluctuate following the fluctuation of the baselines on which their course depends. By way of reply to Dr. Árnadóttir’s suggestion, this article argues that fluctuating boundaries have no legal basis either in the United Nations Convention on the Law of the Sea or in judicial decisions. Moreover, the delimitation process in three stages, commonly applied by international courts and tribunals since the Black Sea judgment, appears to be ill-suited for establishing fluctuating boundaries. There seems to be other solutions to the problem of coastline change, which this article also briefly explores. |
Persistent Identifier | http://hdl.handle.net/10722/334808 |
ISSN | 2021 Impact Factor: 1.588 2020 SCImago Journal Rankings: 0.541 |
DC Field | Value | Language |
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dc.contributor.author | Lando, Massimo | - |
dc.date.accessioned | 2023-10-20T06:50:54Z | - |
dc.date.available | 2023-10-20T06:50:54Z | - |
dc.date.issued | 2022 | - |
dc.identifier.citation | Leiden Journal of International Law, 2022, v. 35, n. 2, p. 379-395 | - |
dc.identifier.issn | 0922-1565 | - |
dc.identifier.uri | http://hdl.handle.net/10722/334808 | - |
dc.description.abstract | Geographical phenomena impacting the shape of coastlines may have implications for the stability of maritime boundaries delimited by agreement or judicial process. Sea level rise resulting from human-caused climate change has recently arisen as an additional phenomenon compelling the re-assessment of the stability of maritime boundaries over time. In a recent article published in this Journal, Dr. Snjólaug Árnadóttir has argued that a solution to the challenges of coastline change could be for maritime boundaries to fluctuate following the fluctuation of the baselines on which their course depends. By way of reply to Dr. Árnadóttir’s suggestion, this article argues that fluctuating boundaries have no legal basis either in the United Nations Convention on the Law of the Sea or in judicial decisions. Moreover, the delimitation process in three stages, commonly applied by international courts and tribunals since the Black Sea judgment, appears to be ill-suited for establishing fluctuating boundaries. There seems to be other solutions to the problem of coastline change, which this article also briefly explores. | - |
dc.language | eng | - |
dc.relation.ispartof | Leiden Journal of International Law | - |
dc.subject | fundamental change of circumstances | - |
dc.subject | maritime boundaries | - |
dc.subject | maritime delimitation | - |
dc.subject | sea level rise | - |
dc.subject | UNCLOS | - |
dc.title | Stability of maritime boundaries and the challenge of geographical change: A reply to Snjólaug Árnadóttir | - |
dc.type | Article | - |
dc.description.nature | link_to_subscribed_fulltext | - |
dc.identifier.doi | 10.1017/S0922156522000061 | - |
dc.identifier.scopus | eid_2-s2.0-85124985279 | - |
dc.identifier.volume | 35 | - |
dc.identifier.issue | 2 | - |
dc.identifier.spage | 379 | - |
dc.identifier.epage | 395 | - |
dc.identifier.eissn | 1478-9698 | - |