GW Law Faculty Publications & Other Works

Document Type

Article

Publication Date

2025

Status

Forthcoming

Abstract

Traditionally, it has been understood under the law of the sea that baselines are ambulatory; that they move in association with any progression or regression of the physical coast. More recently, however, relevant State practice, the work of bodies such as the International Law Commission and the International Law Association, and in particular the 2025 advisory opinion of the International Court of Justice on climate change, have all indicated that baselines are not necessarily ambulatory, at least not in the context of physical changes resulting from climate-change related sea level rise. Rather, while a State must establish baselines in accordance with the rules of the 1982 United Nations Convention on the Law of the Sea, once it does so, there is no obligation to keep any nautical charts or lists of coordinates updated to reflect such physical changes in the coasts. One important issue is whether this new approach can be regarded now as settled law. If so, another important issue is what difficulties may arise in applying such law.

GW Paper Series

2026-01

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