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International Law

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Selected Works

Rosemary Rayfuse

2011

International Law

Articles 1 - 2 of 2

Full-Text Articles in Law

W(H)Ither Tuvalu? International Law And Disappearing States, Rosemary Rayfuse Apr 2011

W(H)Ither Tuvalu? International Law And Disappearing States, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.


International Law And Disappearing States: Utilising Maritime Entitlements To Overcome The Statehood Dilemma, Rosemary Rayfuse Apr 2011

International Law And Disappearing States: Utilising Maritime Entitlements To Overcome The Statehood Dilemma, Rosemary Rayfuse

Rosemary Rayfuse

This paper examines the rules of international law relating to the establishment of maritime zones and their application in the case of sea level rise with particular reference to ‘disappearing states’. Substantive and procedural options for overcoming the presumption of the ambulatory nature of baselines are examined and the analysis applied to situations of inundation of island states by sea level encroachment. It is argued that it would be both inequitable and inconsistent with the objectives of the law of the sea for disappearing states to lose their maritime zones. A solution to the ‘disappearing state’ dilemma is suggested through …