ILC Report on Sea-Level Rise: Upholding International Law and Sustainable Development Goals
Introduction
A new report by the United Nations-affiliated International Law Commission (ILC) provides critical legal guidance on the consequences of climate change-induced sea-level rise. Responding to a query initiated seven years prior by the Federated States of Micronesia, the report examines the intersection of this environmental crisis with international law, placing significant emphasis on achieving the Sustainable Development Goals (SDGs). The findings address three core areas: the law of the sea, statehood, and the protection of affected persons, framing them within the context of global climate action and justice.
Preserving Maritime Law and Sustainable Ocean Governance
The report strongly advocates for legal stability to support sustainable ocean management and prevent conflict, directly aligning with several key SDGs.
Upholding the Law of the Sea (UNCLOS)
The ILC asserts that the United Nations Convention on the Law of the Sea (UNCLOS) must be preserved as the fundamental legal framework for ocean governance. This commitment is crucial for:
- SDG 16 (Peace, Justice and Strong Institutions): The report warns that altering established maritime boundaries due to sea-level rise would create legal uncertainty and risk new international disputes. Maintaining the integrity of UNCLOS promotes peace and legal stability.
- SDG 14 (Life Below Water): By providing a stable legal framework, the preservation of UNCLOS supports the conservation and sustainable use of oceans, seas, and marine resources for sustainable development.
Safeguarding Exclusive Economic Zones (EEZs)
A primary concern is the protection of Exclusive Economic Zones (EEZs) from predatory claims by third-party states. The report stresses that a nation’s sovereign rights over its marine resources must not be diminished by rising sea levels. This protection is vital for:
- SDG 8 (Decent Work and Economic Growth): EEZs are critical economic assets for coastal and small island states, supporting livelihoods and national economies through fisheries and other marine resources.
- SDG 1 (No Poverty): Securing these economic rights helps prevent nations from losing essential sources of income, which is fundamental to poverty reduction efforts.
Continuity of Statehood and Global Justice
The report champions the enduring sovereignty of nations facing territorial loss, framing it as an issue of global equity and cooperation.
Affirming Sovereignty Amidst Climate Threats
The ILC notes widespread international support for the principle that statehood, sovereignty, and international legal personality should continue even if a nation’s land territory is submerged. This position is grounded in:
- The right of peoples to self-determination.
- The right of a state to preserve its existence and territorial integrity.
- The principles of equity and justice, central to SDG 10 (Reduced Inequalities), which seeks to protect the most vulnerable nations from the disproportionate impacts of climate change.
Ensuring the continuity of statehood is presented as essential for maintaining international peace and security, aligning with the objectives of SDG 16.
The Imperative of International Cooperation
Achieving this continuity requires robust international cooperation. This directly reflects SDG 17 (Partnerships for the Goals), which calls for global solidarity to address pressing challenges. The 2023 agreement between Australia and Tuvalu, in which Australia formally recognized Tuvalu’s maritime boundaries as permanent regardless of sea-level rise, is highlighted as a leading example of such a partnership in action.
Protecting Affected Populations and Upholding Human Rights
The report calls for enhanced legal frameworks to protect people affected by sea-level rise, grounding the response in human rights and dignity.
Addressing Gaps in Legal Protection
The ILC identifies a significant gap in the current legal landscape regarding the protection of persons displaced or impacted by effects like saltwater inundation of agricultural land. It calls for new legal and practical solutions to ensure the safety and resilience of these communities, a core tenet of SDG 11 (Sustainable Cities and Communities).
A Human Rights-Based Approach
While a specific framework may be absent, the report confirms that affected persons remain rights holders under existing international human rights law. Key principles for action include:
- Human Dignity: This must be the guiding principle for all measures taken to protect affected populations.
- Participation: Affected persons must be actively consulted and involved in decisions that concern their future.
This approach reinforces the duty of states to respect, protect, and fulfill human rights, contributing to the goals of SDG 10 (Reduced Inequalities) and SDG 16 (Peace, Justice and Strong Institutions) by ensuring that no one is left behind in the global response to SDG 13 (Climate Action).
1. Which SDGs are addressed or connected to the issues highlighted in the article?
The article discusses issues that are directly and indirectly connected to several Sustainable Development Goals (SDGs). The primary focus on international law, climate change impacts, marine territories, and human rights links the content to the following SDGs:
- SDG 13: Climate Action: The entire premise of the article is based on the consequences of climate change, specifically “climate change-related sea level rise.” It deals with the legal and humanitarian fallout of this climate impact.
- SDG 14: Life Below Water: The article extensively discusses the “United Nations Convention on the Law of the Sea (UNCLOS),” “maritime boundaries,” “exclusive economic zones (EEZ),” and “marine resources,” all of which are central to the governance and conservation of oceans.
- SDG 16: Peace, Justice and Strong Institutions: The core of the article is about international law, justice, human rights, and the stability of global institutions. It highlights the need to uphold the “rule of law” to prevent disputes and protect vulnerable populations, mentioning the importance of maintaining “international peace and security, equity and justice.”
- SDG 17: Partnerships for the Goals: The report emphasizes that “international cooperation both on paper and in practice will be ‘essential'” to address the challenges. The specific example of the agreement between Australia and Tuvalu serves as a model for such partnerships.
2. What specific targets under those SDGs can be identified based on the article’s content?
Based on the issues discussed, several specific targets can be identified:
SDG 13: Climate Action
- Target 13.1: Strengthen resilience and adaptive capacity to climate-related hazards and natural disasters in all countries. The article’s focus on establishing legal frameworks to protect countries losing territory to sea level rise is a form of building legal and political resilience to a primary climate-related hazard.
SDG 14: Life Below Water
- Target 14.c: Enhance the conservation and sustainable use of oceans and their resources by implementing international law as reflected in the United Nations Convention on the Law of the Sea. The article explicitly states the ILC report’s imperative to preserve the “integrity” of UNCLOS and ensure that “any solution relating to climate change-related sea level rise must be consistent with it.”
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. The article is centered on upholding international law to provide legal certainty and justice for nations and peoples affected by sea level rise. It calls for “legal and practical solutions” to protect affected communities.
- Target 16.8: Broaden and strengthen the participation of developing countries in the institutions of global governance. The process began when the “Federated States of Micronesia first asked the ILC to investigate the legal ramifications,” demonstrating the active participation of a small island developing state in shaping international law.
- Target 16.b: Promote and enforce non-discriminatory laws and policies for sustainable development. The report’s call to protect the human rights of affected persons and ensure they can “participate actively in decisions that affect them” aligns with this target.
SDG 17: Partnerships for the Goals
- Target 17.16: Enhance the global partnership for sustainable development, complemented by multi-stakeholder partnerships. The article concludes by highlighting a concrete example of such a partnership: “Australia is currently the leader in this space, formally recognizing as permanent the boundaries of its small island state neighbour Tuvalu.”
3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?
The article implies several indicators that could be used to measure progress:
Indicators for SDG 14 & 16
- Adherence to UNCLOS: Progress on Target 14.c can be measured by the degree to which nations reaffirm and commit to the principles of UNCLOS, especially regarding the permanence of maritime boundaries despite sea level rise. The article stresses that bringing boundaries “into question… would risk creating legal uncertainty.”
- Development of Legal Frameworks: Progress on Target 16.3 can be measured by the creation and adoption of new international legal instruments and frameworks that address the specific issue of climate-induced displacement and statehood. The ILC report itself is a step, but the indicator would be its formal adoption or the creation of a binding treaty.
- Protection of Human Rights: An indicator for Target 16.b would be the establishment of mechanisms to ensure the “protection of human dignity” and the fulfillment of “civil, political, economic, social, and cultural rights” for populations affected by sea level rise, as called for in the report.
Indicators for SDG 17
- Bilateral and Multilateral Agreements: A direct indicator for Target 17.16 is the number of bilateral or multilateral agreements established to guarantee the statehood and maritime boundaries of at-risk nations. The article provides a specific example: the 2023 agreement between Australia and Tuvalu, which serves as a measurable instance of progress.
4. Create a table with three columns titled ‘SDGs, Targets and Indicators” to present the findings from analyzing the article. In this table, list the Sustainable Development Goals (SDGs), their corresponding targets, and the specific indicators identified in the article.
| SDGs | Targets | Indicators |
|---|---|---|
| SDG 13: Climate Action | 13.1: Strengthen resilience and adaptive capacity to climate-related hazards and natural disasters. | Existence of legal frameworks and international agreements ensuring the continuity of statehood for nations affected by sea level rise. |
| SDG 14: Life Below Water | 14.c: Enhance the conservation and sustainable use of oceans and their resources by implementing international law as reflected in UNCLOS. | Degree to which nations commit to preserving the integrity of UNCLOS and the permanence of established maritime boundaries. |
| SDG 16: Peace, Justice and Strong Institutions | 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all. | Adoption of international legal instruments (like the ILC report) to address climate-induced state loss and protect affected persons. |
| 16.8: Broaden and strengthen the participation of developing countries in the institutions of global governance. | Active requests and participation from Small Island Developing States (e.g., Micronesia’s request to the ILC) in shaping international law. | |
| 16.b: Promote and enforce non-discriminatory laws and policies for sustainable development. | Establishment of mechanisms to protect the human rights and ensure the active participation of populations affected by sea level rise. | |
| SDG 17: Partnerships for the Goals | 17.16: Enhance the global partnership for sustainable development. | Number of bilateral/multilateral agreements (e.g., the Australia-Tuvalu agreement) that recognize permanent statehood and boundaries for at-risk nations. |
Source: theenergymix.com
