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Integrating the Climate Change Migration Paradox into the Maritime Jurisdiction of Small Island Developing Countries (SIDs)†
Summary
This review examines the legal and jurisdictional challenges that climate change poses for Small Island Developing States under the United Nations Convention on the Law of the Sea, analyzing how rising sea levels and climate-driven territorial loss threaten the preservation of maritime rights and jurisdiction for island nations.
The United Nations Convention on the Law of the Sea (UNCLOS) provides monumental effort in maritime jurisprudence. However, Climate change (CC), and its impacts are threatening the preservation of maritime rights especially for Small Island Developing States (SIDS). The complex effects of CC are meted out on SIDS populations, their jurisdiction and in a worst-case scenario-loss of territory. This review paper probes this through a lens that analyzes Maritime Law policy challenges facing SIDS, and emerging legal challenges therein due to CC. The core effects of CC explored relate to how CC affects the determination of the rights of SIDS and their complex socioeconomic systems. Current literature shows a gap in addressing the concerns of SIDS. We propose two policy suggestions (i) draft an article/injunction in UNCLOS to define future jurisdiction for SIDS and (ii) create specific provisions specifically on safeguarding the sovereignty of SIDS and CC vulnerable populations.
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