Climate Change: Could State Sovereignty Over Maritime Boundaries Also Change?

Read full text
Authors: Budi Ardianto, Helmi Helmi, Akbar Kurnia Putra, Munawir Munawir, Try Hardyanthi
Cited by: 0

Abstract

Background: Climate change has presented a serious challenge to traditional concepts of state sovereignty in international law, particularly in the context of establishing baseline as the basis for measuring maritime boundaries. Sea level rise that causes the sinking of small islands and the shift of coastline has the potential to change the delimitation of a country's maritime area, thereby creating uncertainty over the scope of maritime sovereignty. However, the 1982 United Nations Convention on the Law of the Sea (UNCLOS) does not explicitly regulate the mechanism for adjusting the baseline due to such permanent geographical changes. Based on these conditions. Methodology: This study uses normative juridical methods with a legislative, conceptual, and analytical approach to the practice and development of international law. Objective: This study aims to analyze whether and how state sovereignty over marine areas can be maintained when the geographical basis of determining the baseline changes due to climate change. Findings: The results of the analysis show that the application of the concept of fixed baseline or historical baseline can be a relevant legal instrument to maintain stability, legal certainty, and sustainability of maritime sovereignty of archipelagic countries. Originality: The uniqueness of this research lies in the effort to reconstruct the concept of state sovereignty in international law of the sea through a non-ambulatory approach to the baseline as a normative response to climate change, by placing the interests of archipelagic countries such as Indonesia as the focus of the analysis.

Fields of Study & Subjects

International Maritime Law Issues Maritime Security and History International Law and Human Rights

Publication details

Journal / source
Uti Possidetis Journal of International Law
Volume
7
Issue
1
Pages
28–43
Publication date
12 February 2026
Language
EN