A publication by Victor Mosoti, Chief Advisor on International Environmental Law, Legal Vice Presidency, World Bank and Valerie Hickey, Global Director of Environment, Natural Resources and the Blue Economy at the World Bank lists the complex legal challenges facing small island states and coastal populations are faced with rising sea waters, a phenomenon that has become real in Gabon. A must-read study.
The Republic of the Marshall Islands is among the atolls most vulnerable to sea level rise, along with Kiribati, Tuvalu and the Maldives. While these islands are on the front line, it is more generally the survival of all small island developing states and all low-lying cities and coastal areas that is threatened by the repercussions of rising water levels: more intense storms, decline of coastal ecosystem services and fisheries resources, salinization of groundwater, heat waves, etc.
The risks associated with sea level rise are the subject of growing concern in the international community. In a recent statement to the United Nations Security Council, the Alliance of Small Island States (AOSIS) (a) warned of the global scale of this unprecedented threat and the need to ensure “genuine inter-state cooperation » to prevent and reduce its impact. Similarly, a recent report (a) from the Intergovernmental Panel on Climate Change (IPCC) warns that “global sea level rise will continue into the 21st century,” putting the lives of millions at risk. of people and hitting vulnerable populations whose livelihood and cultural identity depend on marine ecosystems.
According to the International Law Commission, more than 70 states around the world are already or risk being directly affected by rising sea levels (a). That is more than a third of the international community. And because sea level rise also increasingly has indirect repercussions on all countries, it is a global phenomenon that concerns the activities of the World Bank in all regions of the globe. Without immediate and concerted action to reduce global greenhouse gas emissions and mitigate climate change, the crisis will only worsen. Rising emissions will accelerate sea level rise and weaken our ability to “ensure a sustainable and livable future for the entire planet.”
Sea level rise has a direct impact on population movements. In 2021, the World Bank’s Groundswell report predicted that, by 2050, without real climate action and more inclusive development, the effects of climate change might force some 216 million people in the developing world to migrate within their countries, mainly from rural areas to cities and from low-lying areas to mountainous regions. In the absence of ambitious and urgent adaptation measures in favor of sustainable and climate-resilient development (a), rising sea levels will increasingly exacerbate the vulnerability of populations, infrastructure and ecosystems.
In addition to the multiple crises hitting Small Island Developing States and Atolian States, rising sea levels will cause a number of difficulties in the coming decades that will affect the international legal order in unprecedented ways. Understanding the new legal thinking and policy issues raised by rising waters is an essential part of preparing governments and populations concerned and planning processes.
“Understanding the new legal thinking and policy issues raised by rising waters is an essential part of the preparation of affected governments and populations and planning processes. »
A recent World Bank report, entitled International Law Aspects of Sea Level Rise (a), deals precisely with these new issues. It follows on from a report published in June 2021 (Legal Dimensions of Sea Level Rise: Pacific Perspectives), which took stock of the main legal frameworks and public policy issues linked to the rise in sea level. the sea in the Pacific region.
The new publication addresses this issue with a global perspective, proposing:
- an updated assessment of the effects of sea level rise on the maritime rights of all island and coastal states. Based on the latest scientific data and an overview of the most recent legal perspectives, the report shows how, under the effect of the process of rising waters, the international community will be confronted with an increasing number of questions and complex disputes in matter of maritime limits and borders, due to the movement of baselines inland, the retreat of coastlines and the submergence of offshore geographical features used to calculate maritime spaces and therefore the rights relating thereto;
- an analysis of the migration challenges posed by sea level rise, covering issues as crucial as the habitability of small island developing States and coastal States, threats to livelihoods and resources, and the risks of exacerbation of poverty, violence and conflicts, all factors which can force populations to leave;
- an in-depth review of the fragmentation of international law regarding the protection of people displaced by rising seas, including a description of legal tools and policy options that can contribute to adaptation and facilitate safe migration, orderly and regular.
As the second volume of the Groundswell report highlights, exposure to the effects of sea level rise intensifies as coastlines see increased populations and productive assets. The International Law Aspects of Sea Level Rise report reflects the reality experienced by residents of vulnerable regions and countries, while being part of the broader framework of existing regional and national strategies for adaptation to climate change and disaster risk management. There are a multiplicity of mechanisms that allow governments and affected communities to access financial support and technical assistance for the design and implementation of adaptation measures in the face of sea level rise, including legal and political strategies. Efforts made by local populations to combat rising water levels will need to be accompanied by increased support from the international community. This is why the World Bank and other international partners must agree to and catalyze more substantial investments to fight climate change and more particularly the effects of rising sea levels. We must help the Atolian States and small island developing States to strengthen their resilience and adapt to the worst consequences of these disruptions — including, where possible, by providing support in addressing the legal challenges of rising seas.
Our new report shows that these are complex and interrelated challenges that require support and expertise commensurate with their scale. It is up to the international community to mobilize and use all available tools and knowledge to ensure the survival of these nations and prevent them from becoming lost paradises.
Source: World Bank
2024-03-17 07:55:57
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