Report on Statehood and Maritime Rights Amid Rising Sea Levels: Emphasis on Sustainable Development Goals

Introduction

Legal experts have affirmed that states should maintain their political status even if their land becomes submerged due to rising sea levels. This conclusion is drawn from a comprehensive report by the International Law Commission (ILC), which analyzed the implications of international law on statehood and resource access in the context of climate change-induced sea level rise.

Context and Climate Projections

1. Sea levels are projected to rise by up to 90 cm (3 feet) by 2100 under worst-case climate scenarios, with recent studies indicating possible exceedance of these projections.
2. Small Island Developing States (SIDS) face existential threats due to flooding, salinization of farmland, and compromised freshwater supplies.

Legal Findings and State Sovereignty

• The ILC report concludes that maritime boundaries remain legally valid even if the land they surround changes or disappears, securing navigation rights and access to marine resources.
• There is consensus on the retention of statehood to prevent loss of nationality, which is vital for international peace and stability.

Alignment with Sustainable Development Goals (SDGs)

• SDG 13 (Climate Action): The report underscores the urgent need to address climate change impacts on vulnerable states.
• SDG 14 (Life Below Water): Maintaining maritime boundaries ensures continued access to marine resources vital for economic and food security.
• SDG 16 (Peace, Justice, and Strong Institutions): Legal clarity on statehood supports international peace and governance.
• SDG 17 (Partnerships for the Goals): International cooperation, including climate financing, is emphasized to support adaptation efforts.

Case Study: Tuvalu and International Support

1. Tuvalu has experienced a sea level rise of 4.8 mm and anticipates further increases, threatening its nine islands and atolls.
2. Australia recognized Tuvalu’s maritime boundaries’ permanence and signed a treaty in 2023 to provide disaster response assistance and special visas for relocation.
3. Latvia has made a similar commitment to recognize Tuvalu’s sovereignty despite environmental changes.
4. Tuvalu’s government has implemented a US$40 million coastal adaptation project, funded by the Green Climate Fund, to build barriers and expand land.
5. Prime Minister Feleti Teo called for increased climate financing to enable the nation to remain on its ancestral land.

International Legal and Institutional Developments

• The ILC’s work reflects a commitment to justice for vulnerable states disproportionately affected by climate change, aligning with SDG 10 (Reduced Inequalities).
• The Alliance of Small Island States (AOSIS) and the Pacific Islands Forum have declared the continuity of their statehood and sovereignty regardless of sea level rise.
• The International Court of Justice is expected to issue an advisory opinion on climate change, petitioned by AOSIS to affirm statehood continuity.

Conclusion and Recommendations

• States must advance the ILC’s legal framework to safeguard sovereignty and resource rights amid environmental changes.
• Enhanced international cooperation and climate finance are critical to support adaptation and resilience in vulnerable states, fulfilling multiple SDGs.
• Recognition of statehood continuity is essential for maintaining global peace, security, and sustainable development.

1. Which SDGs are addressed or connected to the issues highlighted in the article?

• SDG 13: Climate Action – The article discusses rising sea levels due to climate change and the need for international legal frameworks to address the impacts on small island states.
• SDG 14: Life Below Water – The article highlights maritime boundaries, access to marine resources such as fishing and minerals, and the protection of ocean environments.
• SDG 16: Peace, Justice, and Strong Institutions – The article focuses on maintaining statehood, sovereignty, and political stability despite land loss, emphasizing international law and governance.
• SDG 17: Partnerships for the Goals – The article references international cooperation, treaties, and climate financing mechanisms such as the Green Climate Fund.
• SDG 6: Clean Water and Sanitation (implied) – The article mentions threats to drinking water supplies caused by flooding and saltwater intrusion.
• SDG 2: Zero Hunger (implied) – The article notes farmland becoming too salty to grow crops, affecting food security.

2. What specific targets under those SDGs can be identified based on the article’s content?

1. SDG 13 – Climate Action
   • Target 13.1: Strengthen resilience and adaptive capacity to climate-related hazards and natural disasters in all countries.
   • Target 13.2: Integrate climate change measures into national policies, strategies, and planning.
   • Target 13.a: Implement the commitment undertaken by developed-country parties to the UNFCCC to mobilize jointly $100 billion annually by 2020 to address the needs of developing countries.
2. SDG 14 – Life Below Water
   • Target 14.2: Sustainably manage and protect marine and coastal ecosystems to avoid significant adverse impacts.
   • Target 14.5: Conserve at least 10% of coastal and marine areas.
3. SDG 16 – Peace, Justice, and Strong Institutions
   • Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.
   • Target 16.7: Ensure responsive, inclusive, participatory and representative decision-making at all levels.
4. SDG 17 – Partnerships for the Goals
   • Target 17.9: Enhance international support for implementing effective and targeted capacity-building in developing countries.
   • Target 17.17: Encourage and promote effective public, public-private and civil society partnerships.
5. SDG 6 – Clean Water and Sanitation (implied)
   • Target 6.1: Achieve universal and equitable access to safe and affordable drinking water for all.
6. SDG 2 – Zero Hunger (implied)
   • Target 2.4: Ensure sustainable food production systems and implement resilient agricultural practices.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

• Sea Level Rise Measurements: The article mentions average sea level rise projections (e.g., 90 cm by 2100, 4.8 mm rise on Tuvalu’s islands), which can be used as an indicator for climate impact assessments (related to SDG 13.1).
• State Sovereignty and Legal Recognition: The existence of treaties and international agreements recognizing statehood despite land loss (e.g., Australia-Tuvalu treaty) can serve as qualitative indicators of progress towards SDG 16 targets on rule of law and governance.
• Climate Financing Amounts: The article references funding secured from the Green Climate Fund (e.g., US$40 million for Tuvalu’s coastal adaptation project), which can be tracked as an indicator under SDG 13.a and SDG 17.9.
• Adaptation Projects Implementation: The completion of coastal adaptation measures such as concrete barriers and dredging can be monitored as indicators of resilience building (SDG 13.1).
• Migration and Relocation Data: The number of citizens applying for climate-linked visas (e.g., nearly a third of Tuvalu citizens) can indicate social impacts and adaptive responses relevant to SDG 16.7 and SDG 17.17.
• Water and Agricultural Impact Indicators: Although not explicitly quantified, the threats to drinking water and farmland salinity imply the need for indicators measuring water quality and agricultural productivity (SDG 6.1 and SDG 2.4).

4. Table: SDGs, Targets and Indicators

Source: theguardian.com