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

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?

KEYWORDS:

• Artificial islands
• UNCLOS
• Climate change
• Territory
• Small Island States

Acknowledgments

We are grateful to Kevin Crow, Eliana Cusato, and Lys Kulamadayil, convenors of ‘The Natural’ in International Law conference, for providing us the impetus to write this article. Their support, alongside the insightful feedback we received from Margaretha Wewerinke and other scholars at the conference, has proven invaluable. We are also thankful to the two anonymous peer reviewers and the editors of the Australian Journal of Maritime & Ocean Affairs for their meaningful engagement with our article.)

Disclosure statement

No potential conflict of interest was reported by the author(s).

Correction Statement

This article has been corrected with minor changes. These changes do not impact the academic content of the article.

Additional information

Notes on contributors

Sanskriti Sanghi

Sanskriti Sanghi, Assistant Professor, School of Law, OP Jindal Global University, Sonipat, India.

Ryan Mitra

Ryan Mitra, PhD Candidate, International History and Politics Department, Geneva Graduate Institute, Geneva, Switzerland.