Abstract

MORE, Rodrigo. Climate change and sea level rise: a proposal for the adoption of climate change clauses in maritime delimitation agreements. Relações Internacionais [online]. 2020, n.66, pp.37-55. ISSN 1645-9199.  https://doi.org/10.23906/ri2020.66a03.

Regardless of scientific or political debate concerning the causes of sea level rise, whether or not they be associated with climate change, purposeful political and legal responses to sea level rise are long overdue. This paper is an outcome of the empirical observations of the author and seeks to contribute to a discussion on the development of the law of the sea and international law to climate change and the resulting sea level rise that is already affecting the lives, of people throughout the world. The paper begins by examining the growing trend in climate change litigation cases being brought in national courts throughout the world and examines its implications for international law relating to sea level rise. This paper's proposal for consideration of the adoption of climate change clauses in maritime delimitation agreements would help to avoid climate change litigation in connection with sea level rise before international courts. Therefore, it suggests that the adoption of such clauses would constitute an important step in providing predictability, certainty and security to relations between States amidst the climate crisis.

Keywords : climate change; rising of ocean's level; climate litigation; climate change clause.

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