This is a translation of the final report of the Study Group on sea-level rise in relation to international law,, prepared in 2025. The report was adopted by the International Law Commission at its seventy-sixth session and submitted to the UN General Assembly. The report focuses on some of the most important issues of sea-level rise: the law of the sea, statehood, and protection of persons affected by sea-level rise.

According to the research, sea level rise should not be considered as a factor that undermines the principles of the law of the sea and statehood. There is also a need for serious international cooperation to protect individuals and communities affected by sea level rise.

The three subtopics – the law of the sea, statehood and protection of persons affected by sea-level rise – are interconnected. The continuity of statehood is directly linked to the preservation of maritime zones and entitlements and is integral to the preservation of existing rights, as the sovereignty of the State is the foundation for sovereign rights over natural resources. The preservation of maritime zones and entitlements is also directly linked to the economic well-being and livelihoods of the population, including present and future generations. At the same time, States have an important duty in ensuring the protection of their people, and continuity of statehood is necessary and fundamental to the provision of that protection, including to prevent situations of loss of nationality and statelessness. The ability of the State to continue to fulfil its human rights obligations is, therefore, also connected with the issue of continuity of statehood. common thread among the subtopics is the question as to how to preserve and protect existing rights in the face of the serious and unprecedented consequences of sea-level rise for States, especially small island States and low-lying coastal States.

Legal stability, certainty and predictability, as broadly recognized by many States, serve as cross-cutting principles for the preservation of maritime zones and their outer limits, together with their associated entitlements, as well as for the continuity of statehood , self-determination, permanent sovereignty over natural resources, the protection of affected populations, and the maintenance of international peace and security and avoidance of conflict.

Also, The preservation of existing lawful rights in relation to sea-level rise is essential for the continuity of statehood, the preservation of maritime entitlements and the protection of persons affected by sea-level rise. It is closely related to the principle of equity. A practical legal response to climate change-related sea-level rise should be one that prevents the loss of existing lawful rights, whether territorial or maritime. Sea-level rise cannot be a reason for any State to lose the rights associated with statehood, such as maritime entitlements, self-determination and permanent sovereignty over natural resources. Moreover, the preservation of such rights is fundamental for the State to be able to continue to promote, respect and fulfil the human rights of affected person.

In the light of the above conclusions of the Study Group, the following approaches, individually or combined, may be considered by States, international organizations and other relevant actors in developing practicable solutions to effectively address the international legal issues arising from climate change-induced sea-level rise.

Also, an approach may be adopted that allows for the interpretation and application of existing instruments and rules of international law to take into account the adverse impact of sea-level rise.for example:

(a) existing instruments and rules of international law may be applied in a manner that addresses the impact of sea-level rise so as to allow for a contemporary interpretation, and that takes into account the duty to cooperate, equity, solidarity, self-determination, permanent sovereignty over natural resources, the preservation of existing rights and the maintenance of legal stability, certainty and predictability as cross-cutting principles that apply to the legal consequences of sea-level rise.

(b) an interpretative statement or a subsequent agreement, as appropriate, may

be adopted by the States Parties to the United Nations Convention on the Law of the Sea or by the General Assembly regarding the preservation of baselines and maritime zones under the Convention and other rules of international law;

(c) the elements for legal protection of persons affected by sea-level rise, as discussed in the Study Group, may be taken into account, as appropriate, in the interpretation and application of relevant instruments .

Also States, the General Assembly and other international organizations may, as appropriate, adopt binding or non-binding instruments and develop mechanisms that specifically address the legal issues arising from sea-level rise. For example:

(a) the General Assembly of the United Nations and the relevant organs of other international organizations may adopt resolutions or declarations in relation to the continuity of statehood, the preservation of sovereignty and the maintenance of membership of the United Nations and other international organizations.

b) binding or non-binding instruments applicable to the protection of persons affected by sea-level rise may be adopted at the bilateral, regional or international level, and may include, as appropriate and inter alia, the elements for legal protection of persons affected by sea-level rise, as discussed in the Study Group;

(c) mechanisms may be developed within the United Nations or other international organizations and bodies, as appropriate, including at the regional level, to strengthen cooperation in addressing the adverse impact of climate change-related sea- level rise.