Sinking islands, shrinking maritime entitlements: Is a new rule of international law needed to protect and promote offshore minerals exploration and mining?

摘要

Under current rules, rising sea levels could result in significant cuts to maritime zone entitlements, particularly those of island states. Jurisdictional uncertainty poses risks to offshore mineral exploration and exploitation activities, thereby depleting the income and other benefits generated by such activities to host states. Developing small island states, which are among the most vulnerable to sea-level rise and the least responsible for climate change (a key cause of sea-level rise) - and for who appropriate exploitation of natural resources provides an opportunity for development - have the most to lose in this scenario. This article examines a number of options to address this issue, both within current international rules and proposals for new rules of international law. The deficiencies of existing proposals, which have paid little attention to the implications of sea-level rise for offshore resource exploration and exploitation, are identified. Ultimately, this article demonstrates that a new rule of international law that "fixes" continental shelf entitlements would be the most efficient and equitable way to resolve this issue, thereby assisting small island developing states to preserve the benefits of offshore mineral resources to their peoples.