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- Title
RECONCEPTUALISING THE 'AMBULATORY CHARACTER' OF BASELINES: THE INTERNATIONAL LAW COMMISSION'S WORK ON SEA-LEVEL RISE AND INTERNATIONAL LAW.
- Authors
ANGGADI, FRANCES
- Abstract
Returning to consider the international law of the sea after almost 70 years, the International Law Commission ('ILC') now has the topic of sea-level rise in international law on its active work programme. In Sea-level Rise in Relation to International Law: First Issues Paper by paper by Bodgan Aurescu and Nilüfer Oral, Co-Chairs of the Study Group on Sea-level Rise in Relation to International law ('Issues Paper'), the preliminary observation is made that UNCLOS was interpreted as prescribing an 'ambulatory character' for baselines and maritime zones measured from them. The article contends that the Issues Paper's reconceptualisation of 'ambulatory character' offers a theoretical synthesis of aspects of existing scholarship that draws from state practice and is consistent with the historical development of the law of the normal baseline. The article further contends that to maximise the normative force of this reconceptualisation of the law's 'ambulatory character', when the topic is considered by the ILC as a whole, the ILC should recognise that its task calls for treaty interpretation as well as the identification of custom, and potentially engaging both aspects of its mandate: the codification of international law and its progressive development.
- Subjects
UNITED Nations. International Law Commission; ABSOLUTE sea level change; INTERNATIONAL law; UNITED Nations Convention on the Law of the Sea (1982); SEA level
- Publication
Melbourne Journal of International Law, 2021, Vol 22, Issue 3, p163
- ISSN
1444-8602
- Publication type
Article