Study On International Law Of Maritime Boundary Instability

Climate change has become a primary focus of international community:some international organizations--such as Intergovernmental Panel on Climate Chang--had begun research observation on climate change;some intergovernmental meetings--such as Paris climate change conference--paid more and more attention on controlling global warming.Climate change causes sea-level rising,while under the joint influence of climate change and sea-level rise,costal erosion is being aggravated severely.At present,some costal states and island states are confronted with dilemma of land being partial/complete submerged.Furthermore,low-water line will recede as costal land submerged.Under UNCLOS and international law rules,maritime rights and maritime limits/boundaries will be challenged by climate change and sea-level rise for several reasons:firstly,there is no explicit international law rule about affect of climate change and sea-level rise exists while UNCLOS provides that the normal line is the low-water line and the normal line is the common practice;secondly,UNCLOS entitles costal states with maritime rights and maritime limits/boundaries,while the establishment of maritime limits/rights based on low-water line.In this context,it is necessary to discuss about the instability of maritime limits/boundaries.Under the.scenario of climate change and sea-level rise,this article will analyze the stability of baseline based on UNCLOS to ascertain whether the maritime limits/boundaries suffer a lot under the current rules;this article will also analyze whether the maritime limits/boundaries ought to be stable in the view of validity and rationality.The first chapter introduces the maritime limits/boundaries system and the differences between maritime limits/boundaries and land boundaries.The second chapter analyzes the bases and dilemmas of stability of maritime limits/boundaries.It starts with introduction of climate change and sea-level rise,then analyzes whether the baseline is stable in respects of UNCLOS,state practices,international cases,mainstream viewpoints.As the baseline is unstable,this will therefore make maritimes limits/boundaries unstable and educe some issues of international law.The third chapter based on the assumption of the instability maritime limits/boundaries to analyzes the validity and rationality of the instability of maritime limits/boundaries.From the perspective of validity,this chapter goes through the principle of land dominate the sea,the principle of justice and the elements of a state of the fundamental theory in international law,UNCLOS and VCLT of the international conventions,the case between India and Bangladesh of international case;from the perspective of rationality,this chapter goes through the disorder between rights and obligations,probability of international conflicts and disability of third state to advocates rights.As a result,the validity and rationality can not be proved.The fourth chapter gives advices to stabilize the maritime limits/boundaries on basis of lacking rules regulating the affect of climate change and sea-level rise.Some methods complied with the current rules can be utilized,as some methods to develop the current rules can also be attempted.The fifth chapter put forward some enlightenment of dealing with the affect of climate change and sea-level rise to maritime limits/boundaries in China.It is fundamentally important that international law should attach great importance to maritime limits/boundaries dilemma caused by climate change and sea-level rise.For one reason,it is lack of international law rules;for another reason,costal erosion caused by climate change and sea-level rise is being aggravated severely.Maritime limits/boundaries are being challenged seriously.Worst of all,some states took actual measures resulted in ecological damage,manpower and financial waste,and other worse consequences.If the issues can be settled throughlegal approach,it will be a preferable way and make the settlement easier.