scholarly journals “You Will Always Have the Poor”: A Reflection on the Paradox of Justice as Law

2015 ◽  
Vol 22 (4) ◽  
pp. 533-549
Author(s):  
Duncan French
Keyword(s):  
Natural Resources ◽  
International Law ◽  
Sea Level Rise ◽  
Sea Level ◽  
Structural Design ◽  
Political Discourse ◽  
Essential Element ◽  
State Responsibility ◽  
The Poor

Calls for, and arguments around, fairness and justice are an essential element of international law; more so in certain areas – environment and natural resources, development – than in others, namely, the structural design of the discipline, State responsibility, formation of custom and acquisition of territory. The article thus considers the question whether there is an obligation of fair entitlement in international law, with particular reference to various matters of territory. With reflections on the discrete questions of territorial loss through sea-level rise and the role of equity in maritime delimitation, the article considers the role of fairness and justice in international law. The article concludes nevertheless that though fairness is an important and emotive value to strive for within legal and political discourse, it can become a dangerous entitlement when it trumps or usurps established rules of international law.

THE ROLE OF SEA-LEVEL RISE AND STORMS IN FORMATION AND RESILIENCE OF FLORIDA BAY ISLANDS, EVERGLADES NATIONAL PARK

2019 ◽  
Author(s):  
G. Lynn Wingard ◽  
◽  
Miriam C. Jones ◽  
Sarah E. Bergstresser ◽  
Bethany L. Stackhouse ◽  
...  
Keyword(s):  
Sea Level Rise ◽  
Sea Level ◽  
National Park ◽  
Florida Bay ◽  
Everglades National Park ◽  
Bay Islands

The Impact of Climate Change on States

2021 ◽  
Vol 23 (2-3) ◽  
pp. 115-132
Author(s):  
Łukasz Kułaga
Keyword(s):  
Climate Change ◽  
International Law ◽  
Sea Level Rise ◽  
Sea Level ◽  
The State ◽  
Fundamental Change ◽  
Sea Levels ◽  
Impact Of Climate Change ◽  
Potential Impact ◽  
The Impact

Abstract The increase in sea levels, as a result of climate change in territorial aspect will have a potential impact on two major issues – maritime zones and land territory. The latter goes into the heart of the theory of the state in international law as it requires us to confront the problem of complete and permanent disappearance of a State territory. When studying these processes, one should take into account the fundamental lack of appropriate precedents and analogies in international law, especially in the context of the extinction of the state, which could be used for guidance in this respect. The article analyses sea level rise impact on baselines and agreed maritime boundaries (in particular taking into account fundamental change of circumstances rule). Furthermore, the issue of submergence of the entire territory of a State is discussed taking into account the presumption of statehood, past examples of extinction of states and the importance of recognition in this respect.

scholarly journals States’ Mouthpieces or Independent Practitioners? The Role of Counsel before the ICJ from the Perspective of the Legal Value of their Oral Pleadings

2021 ◽  
Vol 20 (1) ◽  
pp. 54-76
Author(s):  
Marco Longobardo
Keyword(s):  
International Law ◽  
State Responsibility ◽  
International Court Of Justice ◽  
Customary International Law ◽  
Court Of Justice ◽  
International Court ◽  
State Practice ◽  
The Icj ◽  
Treaty Interpretation

Abstract This article explores the role of counsel before the International Court of Justice, taking into account their tasks under the Statute of the Court and the legal value of their pleadings in international law. Pleadings of counsel constitute State practice for the formation of customary international law and treaty interpretation, and they are attributable to the litigating State under the law on State responsibility. Accordingly, in principle, counsel present the views of the litigating State, which in practice approves in advance the pleadings. This consideration is relevant in discussing the role of counsel assisting States in politically sensitive cases, where there is no necessary correspondence between the views of the States and those of their counsel. Especially when less powerful States are parties to the relevant disputes, the availability of competent counsel in politically sensitive cases should not be discouraged since it advances the legitimacy of the international judicial function.

scholarly journals Role of Future Reef Growth on Morphological Response of Coral Reef Islands to Sea-Level Rise

2020 ◽  
Author(s):  
Gerhard Masselink ◽  
Robert McCall ◽  
Edward Beetham ◽  
Paul Simon Kench ◽  
Curt D. Storlazzi
Keyword(s):  
Coral Reef ◽  
Sea Level Rise ◽  
Sea Level ◽  
Reef Growth ◽  
Morphological Response ◽  
Reef Islands

scholarly journals The role of ocean thermal expansion in Last Interglacial sea level rise

2011 ◽  
Vol 38 (14) ◽  
pp. n/a-n/a ◽  
Author(s):  
Nicholas P. McKay ◽  
Jonathan T. Overpeck ◽  
Bette L. Otto-Bliesner
Keyword(s):  
Thermal Expansion ◽  
Sea Level Rise ◽  
Sea Level ◽  
Last Interglacial

scholarly journals Comparing the role of absolute sea-level rise and vertical tectonic motions in coastal flooding, Torres Islands (Vanuatu)

2011 ◽  
Vol 108 (32) ◽  
pp. 13019-13022 ◽  
Author(s):  
Valérie Ballu ◽  
Marie-Noëlle Bouin ◽  
Patricia Siméoni ◽  
Wayne C. Crawford ◽  
Stephane Calmant ◽  
...  
Keyword(s):  
Sea Level Rise ◽  
Sea Level ◽  
Coastal Flooding
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