Natural tectonic activity is playing its part in shaping the geographical contours of our planet. It has been the architect of the current shape and face of the Earth.  This leads to frequent change in the maritime geography of the planet which, in turn, leads to shift in how international maritime law responds to the upcoming situation. In addition, anthropogenic factors are responsible in shaping the future contours of the planet by catalysing the process of climate change. Due to the melting of glaciers and rising sea levels, island nations are facing an existential threat and as a result, the deliberations concerning their future beg indulgence of the major world powers.

In the South China Sea (SCS), it is being witnessed how small rocks abutting the surface of the sea have been turned into military bases and are being used to threaten the Rules-Based Order in the region by use of force and coercion.  Being witness to this phenomenon, almost all island states (such as Tuvalu and Maldives), are demanding that their legal rights over their island territory be frozen even when their territory gets submerged, whether due to climate change or due to tectonic activity.

Many of the island nations and the Small Island Developing States are known to have maritime zones and boundaries much larger than the total land area, and the same has been proved by some reports which show that such island nations have EEZ larger than their territorial land area. This becomes a legal flashpoint between different nations and leads to cultural and tensions prevailing in the region.

Similarly, displacement of people, both internally and cross-border, is a cause for concern.  The term ‘Internally Displaced Persons’ refers to the people or group of people who have been forced or obliged to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights, or other natural or man-made disasters, and who have not crossed an internationally recognized state border.

The problem of submerging and emerging islands raises many economical issues.  They will, most certainly, become flashpoints of armed military conflicts in the coming times. In regard to exploration and production of oil and gas, an island state within its Exclusive Economic Zone has sovereign rights for the purpose of exploring and exploiting natural resources in those waters, as well as the exclusive right to construct and to authorize and regulate the construction, operation, and use of installations and structures for economic purposes.  But, the island state must exercise those sovereign rights with due regard for rights and obligations of other states.  However, in the event of an island nation submerging and questions being raised about its statehood, it remains unclear as to how the coastal states within its vicinity will respond to this phenomenon, considering the world is always wrestling with finding and exploiting more-and-more sources of energy.

In light of these issues, it becomes imperative that the international seafaring community strongly raises this issue in international fora. This is essential considering the maritime frontier is exceptionally important for the holistic development of humanity.

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The Author

Mr Aishwarye Dubey

He is a widely-renowned maritime professional heading a team of highly experienced Maritime Lawyers and Marine Engineers. He specialises in dealing with cases relating to shipping claims (Bills of Lading & Charterparty), cargo damage, demurrage and detention, marine insurance (P & I, Hull & Machinery), Customs Act and provides trusted legal advice and consultancy on maritime matters.

Feel free to contact him – a.dubey.maritimelaw@gmail.com or +91 9140174606.

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