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Dear Colleagues,

I regret that I was not clear in my earlier message; I do not personally
believe that promulgated baselines should not be revised.  On the contrary, I
think that baselines, straight or archipelagic, should be revised
periodically to take account of changes in the physical environment and
natural coastline.  Indeed, Article 7 implies that straight baselines should
be revised, but it does not mandate this.  My point was that the 1982 UN
Convention does not require such revisions.  I doubt that countries will roll
back their claims unless compelled to do so, and there is little impetus from
the Convention.

I would also like your comments on the following argument, which I do not
recall seeing elsewhere (if some else has postulated it, please give me the
cite).  I might term it the Unnatural Causes argument.

Assume that a mid-Ocean island nation has an outlying island that is very
low.  In 2001, it is inhabited and is recognized to have the full suite of
maritime jurisdictional zones (territorial sea, EEZ, etc.).  The country does
not claim straight or archipelagic baselines.  By the middle of 2002,
sea-level rise has completely submerged the island, even at low tide.

The country continues to claim the jurisdictional zones around this submerged
feature and maintains that the feature is still an island as defined by the
1982 UN Convention, because the sea-level rise that inundated it is man-made
(man-induced).  According to Article 121 of the Convention, "An island is a
naturally formed area of land, surrounded by water, which is above water at
high tide."  Similarly, low-tide elevations are defined as "naturally
formed."  Since unnatural causes submerged the island, they must be
discounted for purposes of determining maritime jurisdiction.  (The island
was unnaturally "un-formed.")  Moreover, the island nation is not principally
responsible for the greenhouse gases that induced the sea-level rise.
Therefore, the "naturally formed" phrases in the Convention and
considerations of equity require that the former island continue to be a
"legal island" for purposes of maritime jurisdiction.

Thanks for your comments,
Dan Dzurek

International Boundary Consultants
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Washington, DC 20016-3051
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