The sea level rise part of the ICJ Climate Change Advisory Opinion : Rapid‐reaction assessment and possible ways forward

Abstract This comment first describes the questions put to the International Court of Justice in the Advisory Opinion on the ‘Obligations of States in Respect of Climate Change’, the issues involved and the unique plight of small island States and low‐lying coastal States. Second, it summarises the ‘sea level rise part’ of the Advisory Opinion; third, it provides a rapid‐reaction assessment, arguing that in this part of the opinion, what stands out is the lack of definiteness, the lack of concreteness and the obvious truncatedness in the Court's expositions, overshadowing the three definite answers given by the Court regarding the impact on the exercise of the right to self‐determination, the obligation to cooperate, and the non‐existence of any obligation to update charts and lists of maritime zone limits. Fourth, it proposes some possible ways of moving forward for this group of States which may be specially affected by sea level rise. These include proposals that these States form a united front to take full advantage of the ‘specially affected States’ doctrine to promote the formation of customary international law in their favour and that such States consider strengthening their positions for such preservation by taking specific, positive steps that may move in a direction so as to culminate in historic rights in their respective maritime zones.