KMI International Journal of Maritime Affairs and Fisheries
Korea Maritime Institute
Article

Historic Waters Regime: A potential Legal Solution to Sea Level Rise

Edgardo Sobenes Obregon*
*Central American University (UCA), Managua, Nicaragua- Law, Institute of Law and Economics, ISDE and University of Barcelona, Spain-E-mail. esobenes@gmail.com.

© Copyright 2021 Korea Maritime Institute. This is an Open-Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/4.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Published Online: Jun 30, 2015

ABSTRACT

The legal principle articulating that “the land dominates the sea”1) constitutes a fundamental legal principle under general international law, which requires coastal states to have sovereignty over the land, from which all of their maritime rights stem. Under current international law of the sea, this principle constitutes the most challenging legal obstacle for coastal states to maintain their entitlement over their maritime zones in the event of losing their territories due to sea level rise. In departing from the current international law of the sea, the author explores the possibility of using the doctrine of historic waters as a legal basis for coastal states to safeguard their sovereignty and sovereign rights over their maritime zones as they stand nowadays, regardless of the disappearance of their landmass. It briefly assesses the doctrine of historic waters and recent international practice, particularly the case law of the International Court of Justice and the United States of America. It identifies the relevant legal requirements that coastal states would have to fulfill in order to be able to claim in the future an historic title2)over their maritime zones that would have been previously governed by current international law of the sea.

Keywords: Historic Waters; Sea level Rise; International Law of the Sea; the Land Dominates the Sea; Disappearance of Land Territory; Sovereignty; Sovereign Right; International Court of Justice; Maritime Zones; Climate Change; Stability of the Oceans