the world is rapidly changing but the law is failing to keep pace
law is failing to keep pace
law is failing to keep pace more specifically the ocean is changing
more specifically the ocean is changing
more specifically the ocean is changing in fundamental ways and yet the law of
in fundamental ways and yet the law of
in fundamental ways and yet the law of the sea remains virtually unheard in the
the sea remains virtually unheard in the
the sea remains virtually unheard in the last 50 years this disconnect between
last 50 years this disconnect between
last 50 years this disconnect between the actual world and the world assumed
the actual world and the world assumed
the actual world and the world assumed by international law is especially
by international law is especially
by international law is especially visible and worrisome in the case of sea
visible and worrisome in the case of sea
visible and worrisome in the case of sea level rise it’s as if we built a fence
level rise it’s as if we built a fence
level rise it’s as if we built a fence over a pool of quicksand it’s not going
over a pool of quicksand it’s not going
over a pool of quicksand it’s not going to separate your yard from mine for very
to separate your yard from mine for very
to separate your yard from mine for very long so what problems does this create
long so what problems does this create
long so what problems does this create and what can we do about it
and what can we do about it
and what can we do about it coastlines have always fluctuated
coastlines have always fluctuated
coastlines have always fluctuated naturally through erosion and sediment
naturally through erosion and sediment
naturally through erosion and sediment deposition they move but the amount of
deposition they move but the amount of
deposition they move but the amount of coastal dynamism we’re currently
coastal dynamism we’re currently
coastal dynamism we’re currently experiencing is unprecedented in modern
experiencing is unprecedented in modern
experiencing is unprecedented in modern human history coastlines are moving both
human history coastlines are moving both
human history coastlines are moving both inward towards the land and in many
inward towards the land and in many
inward towards the land and in many places outward into the sea
places outward into the sea
places outward into the sea they’re moving inward because the sea
they’re moving inward because the sea
they’re moving inward because the sea levels are rising although there is some
levels are rising although there is some
levels are rising although there is some local and regional variation everywhere
local and regional variation everywhere
local and regional variation everywhere and in general the seas are rising there
and in general the seas are rising there
and in general the seas are rising there are two basic causes for this melting
are two basic causes for this melting
are two basic causes for this melting glaciers in Greenland and Antarctica are
glaciers in Greenland and Antarctica are
glaciers in Greenland and Antarctica are adding to the total amount of water in
adding to the total amount of water in
adding to the total amount of water in the oceans while the ocean is also
the oceans while the ocean is also
the oceans while the ocean is also absorbing heat from the atmosphere which
absorbing heat from the atmosphere which
absorbing heat from the atmosphere which causes its volume to expand so as sea
causes its volume to expand so as sea
causes its volume to expand so as sea levels rise coastlines retreat in word
levels rise coastlines retreat in word
levels rise coastlines retreat in word but in many places they’re also moving
but in many places they’re also moving
but in many places they’re also moving outward dredging which sucks up sand
outward dredging which sucks up sand
outward dredging which sucks up sand from one area and deposits it elsewhere
from one area and deposits it elsewhere
from one area and deposits it elsewhere onto a reef or a beach is a very mature
onto a reef or a beach is a very mature
onto a reef or a beach is a very mature technology and it’s used every year by
technology and it’s used every year by
technology and it’s used every year by the Army Corps of Engineers and others
the Army Corps of Engineers and others
the Army Corps of Engineers and others to replenish and expand coastal areas
to replenish and expand coastal areas
to replenish and expand coastal areas and it’s even being used in places like
and it’s even being used in places like
and it’s even being used in places like the Persian Gulf and the South China Sea
the Persian Gulf and the South China Sea
the Persian Gulf and the South China Sea to construct entirely new islands where
to construct entirely new islands where
to construct entirely new islands where previously there were none
previously there were none
previously there were none so coastlines are moving more than ever
so coastlines are moving more than ever
so coastlines are moving more than ever and more frequently than ever and yet
and more frequently than ever and yet
and more frequently than ever and yet international law assumes that they
international law assumes that they
international law assumes that they always stay in the same place the law of
always stay in the same place the law of
always stay in the same place the law of the sea treaty is the Mae
the sea treaty is the Mae
the sea treaty is the Mae body of international law that governs
body of international law that governs
body of international law that governs the ocean it determines who controls
the ocean it determines who controls
the ocean it determines who controls which parts of the sea and which boats
which parts of the sea and which boats
which parts of the sea and which boats can do what and where it’s often called
can do what and where it’s often called
can do what and where it’s often called the constitution for the oceans and it’s
the constitution for the oceans and it’s
the constitution for the oceans and it’s negotiation in the 1970s and 80s was a
negotiation in the 1970s and 80s was a
negotiation in the 1970s and 80s was a really major international
really major international
really major international accomplishment most significantly it
accomplishment most significantly it
accomplishment most significantly it creates zones of national control 12
creates zones of national control 12
creates zones of national control 12 miles from the coastline is territorial
miles from the coastline is territorial
miles from the coastline is territorial sea and 200 miles is exclusive economic
sea and 200 miles is exclusive economic
sea and 200 miles is exclusive economic zone these areas give the coastal state
zone these areas give the coastal state
zone these areas give the coastal state and by state I mean country privileged
and by state I mean country privileged
and by state I mean country privileged access to resources like fish and fossil
access to resources like fish and fossil
access to resources like fish and fossil fuels and it also allows coastal states
fuels and it also allows coastal states
fuels and it also allows coastal states like the United States to set and
like the United States to set and
like the United States to set and enforce the rules about which votes can
enforce the rules about which votes can
enforce the rules about which votes can do what in these areas but the problem
do what in these areas but the problem
do what in these areas but the problem is there are two parts of the law of the
is there are two parts of the law of the
is there are two parts of the law of the sea treaty that assume that coastlines
sea treaty that assume that coastlines
sea treaty that assume that coastlines stay in the same place the first
stay in the same place the first
stay in the same place the first concerns what’s called the baseline it’s
concerns what’s called the baseline it’s
concerns what’s called the baseline it’s the starting point from which you draw
the starting point from which you draw
the starting point from which you draw these 12 and 200-mile claims and the
these 12 and 200-mile claims and the
these 12 and 200-mile claims and the treaty says the baseline is at the
treaty says the baseline is at the
treaty says the baseline is at the low-water mark as shown on official
low-water mark as shown on official
low-water mark as shown on official charts produced by the coastal states
charts produced by the coastal states
charts produced by the coastal states but the treaty is unclear about whether
but the treaty is unclear about whether
but the treaty is unclear about whether once the baseline is drawn its permanent
once the baseline is drawn its permanent
once the baseline is drawn its permanent frozen in time or if in contrast the
frozen in time or if in contrast the
frozen in time or if in contrast the chart needs to be periodically updated
chart needs to be periodically updated
chart needs to be periodically updated to reflect the new water low water line
to reflect the new water low water line
to reflect the new water low water line and therefore the new baseline so in
and therefore the new baseline so in
and therefore the new baseline so in other words the baseline might stay put
other words the baseline might stay put
other words the baseline might stay put or it might change as the coastline
or it might change as the coastline
or it might change as the coastline changes and if it does move with the
changes and if it does move with the
changes and if it does move with the coastline then that means so too does
coastline then that means so too does
coastline then that means so too does the outer edge of that 200-mile claim
the outer edge of that 200-mile claim
the outer edge of that 200-mile claim and we might be in a situation where
and we might be in a situation where
and we might be in a situation where areas are reverting from national
areas are reverting from national
areas are reverting from national control to a high seas status that’s
control to a high seas status that’s
control to a high seas status that’s open access kind of a free-for-all in
open access kind of a free-for-all in
open access kind of a free-for-all in terms of resources the other area where
terms of resources the other area where
terms of resources the other area where the treaty assumes the coastline stays
the treaty assumes the coastline stays
the treaty assumes the coastline stays in the same place concerns the status of
in the same place concerns the status of
in the same place concerns the status of Islands versus rocks a rock is
Islands versus rocks a rock is
Islands versus rocks a rock is uninhabitable it has no economic life of
uninhabitable it has no economic life of
uninhabitable it has no economic life of its own but it still gets to generate a
its own but it still gets to generate a
its own but it still gets to generate a 12-mile territorial sea an island gets
12-mile territorial sea an island gets
12-mile territorial sea an island gets that
that
that plus a 200-mile exclusive economic zone
plus a 200-mile exclusive economic zone
plus a 200-mile exclusive economic zone so in general it’s better to have
so in general it’s better to have
so in general it’s better to have Islands than rocks if you want to claim
Islands than rocks if you want to claim
Islands than rocks if you want to claim more maritime territory but once again
more maritime territory but once again
more maritime territory but once again the treaty is dangerously vague about
the treaty is dangerously vague about
the treaty is dangerously vague about the precise standards that differentiate
the precise standards that differentiate
the precise standards that differentiate iraq from an island and more importantly
iraq from an island and more importantly
iraq from an island and more importantly it says nothing about whether iraq can
it says nothing about whether iraq can
it says nothing about whether iraq can become an island or vice versa
become an island or vice versa
become an island or vice versa the common issue here is change when the
the common issue here is change when the
the common issue here is change when the ocean itself changes does the legal
ocean itself changes does the legal
ocean itself changes does the legal status of islands or the coastline
status of islands or the coastline
status of islands or the coastline change – the question may seem abstract
change – the question may seem abstract
change – the question may seem abstract but it has very real consequences for a
but it has very real consequences for a
but it has very real consequences for a majority of the Earth’s population what
majority of the Earth’s population what
majority of the Earth’s population what happens legally as sea levels rise will
happens legally as sea levels rise will
happens legally as sea levels rise will impact our ability to achieve peace
impact our ability to achieve peace
impact our ability to achieve peace stability and sustainability in the
stability and sustainability in the
stability and sustainability in the century to come there are two groups who
century to come there are two groups who
century to come there are two groups who are especially concerned about the
are especially concerned about the
are especially concerned about the status of Islands versus rocks those who
status of Islands versus rocks those who
status of Islands versus rocks those who are losing their islands to the rising
are losing their islands to the rising
are losing their islands to the rising seas and those who are building entirely
seas and those who are building entirely
seas and those who are building entirely new islands on one hand small island
new islands on one hand small island
new islands on one hand small island developing states are worried about
developing states are worried about
developing states are worried about losing their land and their maritime
losing their land and their maritime
losing their land and their maritime territory as the Seas encroach upon
territory as the Seas encroach upon
territory as the Seas encroach upon those islands they often become
those islands they often become
those islands they often become uninhabitable before they’re entirely
uninhabitable before they’re entirely
uninhabitable before they’re entirely submerged because saltwater intrudes
submerged because saltwater intrudes
submerged because saltwater intrudes into freshwater deposits and on to crop
into freshwater deposits and on to crop
into freshwater deposits and on to crop lands and because these states are often
lands and because these states are often
lands and because these states are often made up of vast and far-flung
made up of vast and far-flung
made up of vast and far-flung archipelagos of hundreds even thousands
archipelagos of hundreds even thousands
archipelagos of hundreds even thousands of islands if even one island is
of islands if even one island is
of islands if even one island is reclassified as a rock it could mean the
reclassified as a rock it could mean the
reclassified as a rock it could mean the loss of hundreds of thousands of square
loss of hundreds of thousands of square
loss of hundreds of thousands of square miles of maritime territory on the other
miles of maritime territory on the other
miles of maritime territory on the other hand there are states like China
hand there are states like China
hand there are states like China building new islands in part because
building new islands in part because
building new islands in part because they want to make new claims over
they want to make new claims over
they want to make new claims over maritime territory for China this is a
maritime territory for China this is a
maritime territory for China this is a matter of grand strategy of increasing
matter of grand strategy of increasing
matter of grand strategy of increasing their influence and militarized control
their influence and militarized control
their influence and militarized control in the South China Sea but for its
in the South China Sea but for its
in the South China Sea but for its Southeast Asian neighbors who are
Southeast Asian neighbors who are
Southeast Asian neighbors who are objecting to these claims it’s an issue
objecting to these claims it’s an issue
objecting to these claims it’s an issue of resource scarcity and food security
of resource scarcity and food security
of resource scarcity and food security because China is using this island
because China is using this island
because China is using this island building to claim fisheries that were
building to claim fisheries that were
building to claim fisheries that were previously open for access
previously open for access
previously open for access by anyone who could get there in terms
by anyone who could get there in terms
by anyone who could get there in terms of the coastline the issue concerns
of the coastline the issue concerns
of the coastline the issue concerns situations where the 200-mile claims
situations where the 200-mile claims
situations where the 200-mile claims overlap which is actually pretty common
overlap which is actually pretty common
overlap which is actually pretty common in this case the most typical response
in this case the most typical response
in this case the most typical response is to draw a line at the halfway point
is to draw a line at the halfway point
is to draw a line at the halfway point between baselines but if the baseline
between baselines but if the baseline
between baselines but if the baseline changes then so too does the halfway
changes then so too does the halfway
changes then so too does the halfway point and this presents a situation
point and this presents a situation
point and this presents a situation where some states see an opportunity to
where some states see an opportunity to
where some states see an opportunity to claim new resources and throw out old
claim new resources and throw out old
claim new resources and throw out old agreements where other states feel
agreements where other states feel
agreements where other states feel pressure to maintain existing claims and
pressure to maintain existing claims and
pressure to maintain existing claims and agreements and anytime there’s a
agreements and anytime there’s a
agreements and anytime there’s a valuable resource along that halfway
valuable resource along that halfway
valuable resource along that halfway point whether it be fish or sea bed
point whether it be fish or sea bed
point whether it be fish or sea bed minerals fossil fuels these will become
minerals fossil fuels these will become
minerals fossil fuels these will become subject to new rounds of resource
subject to new rounds of resource
subject to new rounds of resource competition and even potentially
competition and even potentially
competition and even potentially conflict finally in terms of how we
conflict finally in terms of how we
conflict finally in terms of how we respond practically to sea level rise
respond practically to sea level rise
respond practically to sea level rise our legal interpretation and influences
our legal interpretation and influences
our legal interpretation and influences what we do so if a coastal state is
what we do so if a coastal state is
what we do so if a coastal state is worried about losing maritime territory
worried about losing maritime territory
worried about losing maritime territory as the coastline moves inward they will
as the coastline moves inward they will
as the coastline moves inward they will harden that coastline to defend its
harden that coastline to defend its
harden that coastline to defend its existing position they’ll put cement on
existing position they’ll put cement on
existing position they’ll put cement on the sand and build sea walls levees
the sand and build sea walls levees
the sand and build sea walls levees dikes or they’ll get trapped in a cycle
dikes or they’ll get trapped in a cycle
dikes or they’ll get trapped in a cycle of dredging erosion dredging erosion we
of dredging erosion dredging erosion we
of dredging erosion dredging erosion we know that these strategies are
know that these strategies are
know that these strategies are unsustainable and they’re extremely
unsustainable and they’re extremely
unsustainable and they’re extremely expensive but for a coastal state
expensive but for a coastal state
expensive but for a coastal state worried about losing maritime territory
worried about losing maritime territory
worried about losing maritime territory this seems like the best option Japan
this seems like the best option Japan
this seems like the best option Japan for example has spent millions of
for example has spent millions of
for example has spent millions of dollars since the late nineteen eighty
dollars since the late nineteen eighty
dollars since the late nineteen eighty eighty s hardening the island of Okinawa
eighty s hardening the island of Okinawa
eighty s hardening the island of Okinawa eeschema because Japan says that this is
eeschema because Japan says that this is
eeschema because Japan says that this is an island and the reason is that this
an island and the reason is that this
an island and the reason is that this single island generates a hundred and
single island generates a hundred and
single island generates a hundred and fifty four thousand square miles of
fifty four thousand square miles of
fifty four thousand square miles of maritime territory now china says that
maritime territory now china says that
maritime territory now china says that this is a rock and it’s long-distance
this is a rock and it’s long-distance
this is a rock and it’s long-distance fishing fleets are encroaching on that
fishing fleets are encroaching on that
fishing fleets are encroaching on that territory which they say is high seas
territory which they say is high seas
territory which they say is high seas it’s not exclusive economic zone this
it’s not exclusive economic zone this
it’s not exclusive economic zone this clash of interpretations is likely to
clash of interpretations is likely to
clash of interpretations is likely to play out all over the world as
play out all over the world as
play out all over the world as coastlines retreat and I
coastlines retreat and I
coastlines retreat and I are submerged and area seem up for grabs
are submerged and area seem up for grabs
are submerged and area seem up for grabs again in terms of resource claims we
again in terms of resource claims we
again in terms of resource claims we must look to and prepare for the future
must look to and prepare for the future
must look to and prepare for the future because the sea levels are rising
because the sea levels are rising
because the sea levels are rising whether or not we’re ready for the
whether or not we’re ready for the
whether or not we’re ready for the consequences and as the Seas rise so too
consequences and as the Seas rise so too
consequences and as the Seas rise so too does the legal uncertainty surrounding
does the legal uncertainty surrounding
does the legal uncertainty surrounding the status of islands and coastlines we
the status of islands and coastlines we
the status of islands and coastlines we need to freeze the existing position of
need to freeze the existing position of
need to freeze the existing position of baselines and the status of islands and
baselines and the status of islands and
baselines and the status of islands and rocks this is a solution that’s been
rocks this is a solution that’s been
rocks this is a solution that’s been proposed by scholars since 1990 yet
proposed by scholars since 1990 yet
proposed by scholars since 1990 yet which has been generally ignored by
which has been generally ignored by
which has been generally ignored by policymakers and the public if the
policymakers and the public if the
policymakers and the public if the international community froze existing
international community froze existing
international community froze existing claims today we could mitigate the risk
claims today we could mitigate the risk
claims today we could mitigate the risk of resource conflict do the right thing
of resource conflict do the right thing
of resource conflict do the right thing regarding small island developing States
regarding small island developing States
regarding small island developing States and incentivize the best possible
and incentivize the best possible
and incentivize the best possible responses to sea level rise in terms of
responses to sea level rise in terms of
responses to sea level rise in terms of resource conflict the legal stability
resource conflict the legal stability
resource conflict the legal stability this interpretation would create would
this interpretation would create would
this interpretation would create would decrease the pressure felt by coastal
decrease the pressure felt by coastal
decrease the pressure felt by coastal states to militarize patrols in order to
states to militarize patrols in order to
states to militarize patrols in order to kick out fishing fleets from what they
kick out fishing fleets from what they
kick out fishing fleets from what they know is their maritime territory for
know is their maritime territory for
know is their maritime territory for small island developing States it’s the
small island developing States it’s the
small island developing States it’s the right thing to guarantee their control
right thing to guarantee their control
right thing to guarantee their control over maritime territory even if their
over maritime territory even if their
over maritime territory even if their islands become uninhabitable this may
islands become uninhabitable this may
islands become uninhabitable this may give them a crucial bargaining chip as
give them a crucial bargaining chip as
give them a crucial bargaining chip as they’re negotiating for new land a new
they’re negotiating for new land a new
they’re negotiating for new land a new citizenship when they inevitably have to
citizenship when they inevitably have to
citizenship when they inevitably have to relocate it may also allow them to hold
relocate it may also allow them to hold
relocate it may also allow them to hold on to their status as independent states
on to their status as independent states
on to their status as independent states by connecting the people and the
by connecting the people and the
by connecting the people and the government to a territory watery though
government to a territory watery though
government to a territory watery though it may be in terms of practical
it may be in terms of practical
it may be in terms of practical responses to sea level rise in most
responses to sea level rise in most
responses to sea level rise in most cases it’s a better option to have a
cases it’s a better option to have a
cases it’s a better option to have a moderate retreat of human civilization
moderate retreat of human civilization
moderate retreat of human civilization and infrastructure and allow coastal
and infrastructure and allow coastal
and infrastructure and allow coastal wetlands like marshes and mangroves to
wetlands like marshes and mangroves to
wetlands like marshes and mangroves to fill in this strategy is cheaper it’s
fill in this strategy is cheaper it’s
fill in this strategy is cheaper it’s more sustainable its sequester’s carbon
more sustainable its sequester’s carbon
more sustainable its sequester’s carbon dioxide and in terms of protecting the
dioxide and in terms of protecting the
dioxide and in terms of protecting the coastline from extreme weather events
coastline from extreme weather events
coastline from extreme weather events like the storm surges is so
like the storm surges is so
like the storm surges is so stated with hurricanes it actually does
stated with hurricanes it actually does
stated with hurricanes it actually does a much better job now you’re probably
a much better job now you’re probably
a much better job now you’re probably thinking this is all very interesting
thinking this is all very interesting
thinking this is all very interesting but what am I supposed to do about it
but what am I supposed to do about it
but what am I supposed to do about it the first and most important thing that
the first and most important thing that
the first and most important thing that we can do as US citizens is lobby the US
we can do as US citizens is lobby the US
we can do as US citizens is lobby the US Senate to ratify the law of the sea
Senate to ratify the law of the sea
Senate to ratify the law of the sea treaty which almost every other country
treaty which almost every other country
treaty which almost every other country in the world except for the United
in the world except for the United
in the world except for the United States and a handful of others like
States and a handful of others like
States and a handful of others like Syria and Venezuela has already done
Syria and Venezuela has already done
Syria and Venezuela has already done ratification would give us leverage over
ratification would give us leverage over
ratification would give us leverage over how the treaty is interpreted in itself
how the treaty is interpreted in itself
how the treaty is interpreted in itself the moment of ratification because it’s
the moment of ratification because it’s
the moment of ratification because it’s been long delayed would provide an
been long delayed would provide an
been long delayed would provide an unparalleled leadership opportunity for
unparalleled leadership opportunity for
unparalleled leadership opportunity for the United States to forward the
the United States to forward the
the United States to forward the position that I’ve outlined here it
position that I’ve outlined here it
position that I’ve outlined here it would also give us access to special
would also give us access to special
would also give us access to special courts that we could bring a case about
courts that we could bring a case about
courts that we could bring a case about this issue too and start building a body
this issue too and start building a body
this issue too and start building a body of jurisprudence that interprets the
of jurisprudence that interprets the
of jurisprudence that interprets the treaty in this way if we do nothing
treaty in this way if we do nothing
treaty in this way if we do nothing uncertainty is the best case scenario
uncertainty is the best case scenario
uncertainty is the best case scenario more likely is that the status of
more likely is that the status of
more likely is that the status of islands rocks and coastlines will be
islands rocks and coastlines will be
islands rocks and coastlines will be understood as malleable in the legal
understood as malleable in the legal
understood as malleable in the legal sense because that’s the interpretation
sense because that’s the interpretation
sense because that’s the interpretation that China prefers and then they’re
that China prefers and then they’re
that China prefers and then they’re implicitly forwarding in their Island
implicitly forwarding in their Island
implicitly forwarding in their Island building activities and the locations
building activities and the locations
building activities and the locations where their long-distance fishing fleets
where their long-distance fishing fleets
where their long-distance fishing fleets are currently encroaching upon so we
are currently encroaching upon so we
are currently encroaching upon so we don’t know how much or how fast the sea
don’t know how much or how fast the sea
don’t know how much or how fast the sea levels will rise and we don’t know how
levels will rise and we don’t know how
levels will rise and we don’t know how permanent or prevalent artificial
permanent or prevalent artificial
permanent or prevalent artificial islands will be or how much money we’ll
islands will be or how much money we’ll
islands will be or how much money we’ll have to build sea walls 50 or a hundred
have to build sea walls 50 or a hundred
have to build sea walls 50 or a hundred years from now but uncertainty does not
years from now but uncertainty does not
years from now but uncertainty does not mean that we can’t control our own fate
mean that we can’t control our own fate
mean that we can’t control our own fate in terms of sea level rise a little bit
in terms of sea level rise a little bit
in terms of sea level rise a little bit of concerted action and attention to the
of concerted action and attention to the
of concerted action and attention to the law of the sea specifically to ratify
law of the sea specifically to ratify
law of the sea specifically to ratify and clarify it will help us avoid the
and clarify it will help us avoid the
and clarify it will help us avoid the worst possible concert consequences and
worst possible concert consequences and
worst possible concert consequences and pursue the best possible responses to
pursue the best possible responses to
pursue the best possible responses to global sea level rise thank you
global sea level rise thank you
global sea level rise thank you you
”
Be First to Comment