Summaries of the Work of the International Law Commission
Sea-level rise in relation to international law
See also: Analytical Guide | Texts and Instruments
At its seventieth session, in 2018, the Commission included the topic “Sea-level rise in relation to international law” in its long-term programme of work.1 A syllabus describing the possible overall structure of, and approach to, the topic was annexed to that year’s report of the Commission.2
The General Assembly, in resolution 73/265 of 22 December 2018, took note of the inclusion of the topic in the long-term programme of work of the Commission and called upon the Commission to take into consideration the comments, concerns and observations expressed by Governments during the debate in the Sixth Committee.
At its seventy-first session, in 2019, the International Law Commission decided to include the topic “Sea-level rise in international law” in its programme of work, on the basis of the recommendation of the Working Group on the long-term programme of work. The Commission also decided to establish an open-ended Study Group on the topic, to be co-chaired, on a rotating basis, by: Bogdan Aurescu, Yacouba Cissé, Patricia Galvão Teles, Nilüfer Oral and Juan José Ruda Santolaria. The Commission further received and took note of a joint oral report of the Co-Chairs of the Study Group on its consideration of an informal paper on the organization of its work containing a road map for 2019 to 2021.3
At its seventy-second session, in 2021, the Commission reconstituted the Study Group on sea-level rise in relation to international law, chaired by the two Co-Chairs on issues related to the law of the sea, namely Mr. Aurescu and Ms. Oral. The Study Group had before it the first issues paper on the topic,4 which was issued together with a preliminary bibliography,5 prepared by Mr. Aurescu and Ms. Oral. The Commission subsequently took note of the joint oral report of the Co-Chairs of the Study Group.6
At its seventy-third session, in 2022, the Commission reconstituted the Study Group sea-level rise in relation to international law, chaired by the two co-Chairs on issues related to statehood and the protection of persons affected by sea-level rise, namely Ms. Galvão Teles and Mr. Ruda Santolaria. The Study Group had before it the second issues paper on the topic,7 prepared by Ms. Galvão Teles and Mr. Ruda Santolaria, together with a selected bibliography, finalized in consultation with members of the Study Group.8 The Commission subsequently took note of the report of the Study Group.9
At the same session, the Commission decided to request the Secretariat to prepare a memorandum identifying elements in the Commission’s previous work that could be relevant for its future work on the topic, in particular in relation to statehood and the protection of persons affected by sea-level rise, for its consideration at its seventy-fifth session.10
At its seventy-fourth session, in 2023, the Commission reconstituted the Study Group on sea-level rise in relation to international law. The Study Group had before it the additional paper to the first issues paper, prepared by two of the Co-Chairs of the Study Group, Mr. Bogdan Aurescu and Ms. Nilüfer Oral,11 which addressed the following issues and principles: meaning of “legal stability” in relation to sea-level rise, with a focus on baselines and maritime zones; immutability and intangibility of boundaries; fundamental change of circumstances (rebus sic stantibus); effects of the potential situation whereby overlapping areas of the exclusive economic zones of opposite coastal States, delimited by bilateral agreement, no longer overlap; effects of the situation whereby an agreed land boundary terminus ends up being located out at sea; principle that “the land dominates the sea”; historic waters, title and rights; equity; permanent sovereignty over natural resources; possible loss or gain of benefits by third States; nautical charts and their relationship to baselines, maritime boundaries and the safety of navigation; and relevance of other sources of law. The Study Group held an exchange of views on the additional paper, with a focus on the preliminary observations prepared by the Co-Chairs. It also held a discussion on the future programme of work on the topic.12
At its seventy-fifth session, in 2024, the Commission reconstituted the Study Group on sea-level rise in relation to international law. The Study Group had before it the additional paper to the second issues paper,13 prepared by the Co-Chairs, Ms. Galvão Teles and Mr. Ruda Santolaria, which addressed two subtopics, namely statehood and the protection of persons affected by sea-level rise. The additional paper explored issues related to the configuration of a State as a subject of international law and continued existence of the State; scenarios relating to statehood in the context of sea-level rise and the right of the State to provide for its preservation; possible alternatives for addressing the phenomenon in relation to statehood. It also further addressed issues that could constitute possible elements for legal protection of persons affected by sea-level rise. A selected bibliography, prepared in consultation with members of the Study Group, was issued as an addendum14 to the additional paper. The Study Group also had before it a memorandum by the Secretariat identifying elements in the previous work of the Commission that could be relevant for its future work on the topic.15 The Study Group had an extensive exchange of views on the additional paper, as well as a discussion on the future programme of work on the topic.16 It was confirmed that at the seventy-sixth session of the Commission, the Study Group would consider a joint final report on the topic as a whole to be prepared by the Co-Chairs.
At the seventy-sixth session, in 2025, the Commission reconstituted the Study Group on sea-level rise in relation to international law. The Study Group had before it the final consolidated report of the Co-Chairs of the Study Group,17 prepared by the Co-Chairs of the Study Group, Ms. Patrícia Galvão Teles, Ms. Nilüfer Oral and Mr. Juan José Ruda Santolaria, which addressed all three subtopics—law of the sea, statehood, and the protection of persons affected by sea-level rise—as well as a draft final report of the Study Group, proposed by the Co-Chairs. The Commission adopted the final report of the Study Group and concluded its consideration of the topic.18
The work of the Commission on the topic as described above has been proceeding in accordance with the resolutions adopted by the General Assembly under the item relating to the report of the International Law Commission.19
1 See Yearbook … 2018, vol. II (Part Two), para. 369.
3 Official Records of the General Assembly, Seventy-fourth Session, Supplement No. 10 (A/74/10), paras. 265–267.
4 Document A/CN.4/740 and Corr.1.
5 Document A/CN.4/740/Add.1.
6 See Official Records of the General Assembly, Seventy-sixth Session, Supplement No. 10 (A/76/10), paras. 247–251.
7 Document A/CN.4/752.
8 Document A/CN.4/752/Add.1.
9 See Official Records of the General Assembly, Seventy-seventh Session, Supplement No. 10 (A/77/10), paras. 153–156. The report of the Study Group is reflected in the report of the Commission. Ibid., Chapter IX, Section B.
11 Document A/CN.4/761 and Add.1.
12 See Official Records of the General Assembly, Seventy-eighth Session, Supplement No. 10 (A/78/10), paras. 135–230.
13 Document A/CN.4/774.
14 Document A/CN.4/774/Add.1.
15 Document A/CN.4/768.
16 See Official Records of the General Assembly, Seventy-ninth Supplement No. 10 (A/79/10), paras. 339–417.
17 Document A/CN.4/783.
18 See Official Records of the General Assembly, Eightieth Session, Supplement No. 10 (A/80/10), para. 36.
19 General Assembly resolutions 74/186 of 18 December 2019, 75/135 of 15 December 2020, 76/111 or 9 December 2021, 77/103 of 7 December 2022, 78/108 of 7 December 2023, and 79/121 of 4 December 2024.