Shifting Lines: Iceland’s Territorial Sea Baselines in a Changing Legal Landscape

At the SHOC workshop, Professor Bjarni Már Magnússon, Dean of the Department of Law, Bifröst University and Associate Professor Snjólaug Árnadóttir,  School of Law, Reykjavik University and Director of Centre for Law on Climate Change and Sustainability will address various legal issues concerning baselines in the international law of the sea, including the implications of volcanic eruptions and sea level rise for Iceland’s baselines.

Abstract of the workshop

Evolution of the law on straight baselines (Snjólaug Árnadóttir)

The establishment of baselines holds significant importance in the process of delineating maritime jurisdiction, serving as the legal connection between sovereign territories and their corresponding maritime entitlements. States can employ either normal or straight baselines and many states employ straight baselines as they can expand maritime jurisdiction, sometimes extensively, compared to normal baselines. The international law on baselines has developed over centuries but is recently under scrutiny due to sea level rise and changing state practice. Courts and tribunals have made important contributions towards the clarification of the law on straight baselines, but there is still no consensus on important issues, most notably the right to permanently fix all baselines. This presentation will discuss the evolution of the law on baselines, including the somewhat lenient interpretations employed by various states and the requirements recently put forth by the international judiciary.

Icelandic Baselines (Bjarni Már Magnússon)

Territorial sea baselines play a crucial role in determining the maximum extent of a coastal state’s maritime zones, including those of Iceland. Like most Arctic coastal states, Iceland employs a system of straight baselines; however, aspects of this system raise important legal questions that have received little international attention. This presentation examines Iceland’s straight baselines, with a particular focus on areas of legal controversy. It will be argued that certain baselines may not fully conform to the provisions of the United Nations Convention on the Law of the Sea, and Iceland has yet to fulfill its obligation to submit charts or lists of coordinates to the UN Secretary-General. Despite this, no state has formally challenged Iceland’s baselines, raising the question of whether they are binding on other states through acquiescence. This talk will explore the implications of these controversies and their broader significance for international law.

Biography of the speakers

Snjólaug Árnadóttir is an Associate Professor at Reykjavik University, Department of Law and Director of the Centre for Law on Climate Change and Sustainability at Reykjavik University (CLoCCS). She holds a doctoral degree from the University of Edinburgh. Her areas of expertise are public international law, law of the sea and international environmental law. Snjólaug was a member of the International Law Association Committee on International Law and Sea Level Rise and now a member of a Working Group appointed by Iceland’s Minister for Food, Agriculture and Fisheries to review Iceland’s legislation on whaling.

Bjarni Már Magnússon is a Professor and Dean of the Faculty of Law at Bifröst University, Iceland. He holds a Ph.D. from the University of Edinburgh and serves on Iceland’s Climate Council, as well as other governmental bodies. Additionally, he is a board member of the NATO-funded research project Hybrid Space/Submarine Architecture Ensuring Infosec of Telecommunications (HEIST). His primary research focuses on the law of the sea. A Fulbright and Chevening alumnus, his work has been cited by many states in litigation before the International Court of Justice.

Participation

Everyone is welcome. Registration is not necessary.