Validity of treaties establishing maritime boundaries in case of fundamental change of circumtances under the context of rising sea level

Abstract

Rising sea level caused by climate change has profound implications for coastal geographical features such as the basepoints and baselines of coastal states, thus affecting maritime entitlements. One of the critical legal implications is the effects of such changes on the existing maritime delimitation agreements between the parties. As the 1982 United Nations Convention on the Law of the Sea does not directly address this phenomenon of maritime delimitation agreements, any changes in the validity of boundaries establishing treaties must adhere to the relevant provisions of such agreement or the applicable provisions  under the laws on international treaty, especially the provision on fundamental change of circumstances under the 1969 Vienna Convention on the Law of Treaties. Against that background, this article analyses the validity of the maritime boundary delimitation treaties based on the principle of fundamental change of circumstance in the context of rising sea level.