scholarly journals Climate Change and Fisheries Regulation: What We Should Consider for the Future?

2021 ◽  
Vol 13 (17) ◽  
pp. 9735
Author(s):  
Keyuan Zou

Climate change and its effect on marine environment, especially ocean warming, acidification and sea level rise, impacts fisheries in different ways. However, fisheries and climate change are regulated by different international management mechanisms, which makes the current fisheries management system face challenges. Realizing this, the present paper is designed to consider whether international law should be introduced to apply better management of fisheries so as to cope with the issues arising from climate change. In addition, the paper highlights the importance of incorporating relevant principles into future fisheries regulations by examining an existing bilateral fishery agreements.

2021 ◽  
Vol 23 (2-3) ◽  
pp. 115-132
Author(s):  
Łukasz Kułaga

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.


2018 ◽  
Vol 25 (2) ◽  
pp. 753-762 ◽  
Author(s):  
Miguel R. Varela ◽  
Ana R. Patrício ◽  
Karen Anderson ◽  
Annette C. Broderick ◽  
Leon DeBell ◽  
...  

2019 ◽  
Vol 5 (2) ◽  
pp. eaau2736 ◽  
Author(s):  
Miyuki Hino ◽  
Samanthe Tiver Belanger ◽  
Christopher B. Field ◽  
Alexander R. Davies ◽  
Katharine J. Mach

Evaluation of observed sea level rise impacts to date has emphasized sea level extremes, such as those from tropical cyclones. Far less is known about the consequences of more frequent high-tide flooding. Empirical analysis of the disruption caused by high-tide floods, also called nuisance or sunny-day floods, is challenging due to the short duration of these floods and their impacts. Through a novel approach, we estimate the effects of high-tide flooding on local economic activity. High-tide flooding already measurably affects local economic activity in Annapolis, Maryland, reducing visits to the historic downtown by 1.7% (95% confidence interval, 1.0 to 2.6%). With 3 and 12 inches of additional sea level rise, high-tide floods would reduce visits by 3.6% (3.2 to 4.0%) and 24% (19 to 28%), respectively. A more comprehensive understanding of the impacts of high-tide flooding can help to guide efficient responses from local adaptations to global mitigation of climate change.


2019 ◽  
Vol 34 (3) ◽  
pp. 391-414 ◽  
Author(s):  
Clive Schofield ◽  
David Freestone

Abstract This article considers the potential impacts of sea level rise on maritime zones with particular reference to impacts on islands. It considers the sea level rise predictions of the Intergovernmental Panel on Climate Change; it outlines the existing legal framework for coastal baselines and insular features established by the 1982 Law of the Sea Convention. It highlights the work of the International Law Association Committee on International Law and Sea Level Rise, which in its 2018 report had identified the development of a body of State practice among the States and Territories of the South Pacific regarding the maintenance of existing maritime zone claims in the face of sea level rise. That practice is considered, together with the implications of the 2016 Tribunal Award on the South China Sea case on maritime zone claims based on islands.


2019 ◽  
Vol 34 (3) ◽  
pp. 415-439
Author(s):  
Nilüfer Oral

AbstractClimate change-induced sea-level rise will result in the partial or complete inundation of low-lying coastal areas and insular features. The consequences of this include the loss of baselines from which maritime zones are established. The loss of baselines raises a number of legal questions, in particular concerning the legal status of maritime entitlements and in some cases the potential loss of statehood. Solutions proposed include maintaining existing baselines or outer limits of maritime zones, or the construction de novo of artificial islands. This article examines the current state of international law under the international climate-change regime and the law of the sea in relation to adaptation and adaptive measures, such as maintaining of baselines, island fortification and the construction of artificial islands. In addition, the article explores the question as to whether measures such as maintaining baselines would constitute adaptive measures under the existing climate-change regime.


Author(s):  
CATHERINE BLANCHARD

AbstractThe threat of the permanent physical disappearance of the territory of states no longer belongs to the mythical realm, and the situation is particularly imminent for small island developing states. While most international legal scholarship has so far focused on issues stemming from territorial disappearance, this article goes one step further. It questions the appropriateness of the classical notion of the territorial state — a socio-cultural and politico-legal entity evolving on a defined territorial area — as the basis for an international legal system faced with new realities created by climate change, sea-level rise, and globalization. After examining the current rules on statehood within the context of the physical disappearance of states’ territories and looking into the solutions suggested in the legal literature to address territorial loss, this article assesses a new way of understanding statehood by exploring theoretical lenses through which a new model of statehood could be contemplated.


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