Natural’ islands in UNCLOS: reframing artificial islands in the context of climate change, inhabitance, and human mobility

Sanghi, Sanskriti and Mitra, Ryan (2023) Natural’ islands in UNCLOS: reframing artificial islands in the context of climate change, inhabitance, and human mobility. Australian Journal of Maritime & Ocean Affairs. ISSN 2333-6498 (In Press)

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Abstract

As the effects of climate change become apparent in line with IPCC projections, the normative aspects of international affairs are being increasingly challenged. The context of rising sea levels, coastal inundation, and salinization in low-lying atoll States points to an unprecedented scenario that beckons revisitations into ‘what is natural in international affairs’ and ‘what turns it into being natural’. Under UNCLOS and a common understanding in international affairs, a State is primarily defined by natural territory. Oppenheim claimed that ‘a State without (natural) territory is not possible’. In contrast, Gottmann’s instructive approach urges a transition from viewing geographical spaces in a vacuum to understanding the relationship they share with human existence. The article explores the potential of artificial islands such as Hulhumalé in the Maldives as a climate adaptation and human resettlement strategy and their long-term legal identity in international affairs. The article aims to answer two questions: first, what is the role of human inhabitation in the characterisation of geographical spaces as ‘natural’ in international affairs? and, second, why and how do the definitions around artificial islands need to be revisited amidst contemporary conditions of climate change to offset the normative costs being borne by low-lying atoll States?

Item Type: Article
Keywords: Artificial Islands | UNCLOS | Climate Change | Territory | Small Island States
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 13 Mar 2023 04:22
Last Modified: 13 Mar 2023 04:22
Official URL: https://doi.org/10.1080/18366503.2023.2187140
URI: https://pure.jgu.edu.in/id/eprint/5671

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