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Pacific Legal Challenges - Maritime Borders and Statehood

by Eva Wagner

Roundtable in Fiji

Konrad Adenauer Stiftung (Australia) in cooperation with the Embassy of Latvia in Australia is pleased to have implemented a Roundtable on "Pacific Legal Challenges - Maritime Borders and Statehood" at the Ministry of Foreign Affairs (MOFA) in Suva.

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Konrad Adenauer Stiftung (Australia) in cooperation with the Embassy of Latvia in Australia is pleased to have implemented a Roundtable on "Pacific Legal Challenges - Maritime Borders and Statehood" at the Ministry of Foreign Affairs (MOFA) in Suva.

 

Sea-level rise poses a significant challenge to the international legal framework governing statehood, sovereignty, and human rights. The issue is currently under discussion at the International Law Commission (ILC), with conclusions expected in the Commission’s upcoming session. As Pacific Island nations are at the frontline of climate change, understanding the legal ramifications of sea-level rise is crucial for policy formulation, diplomatic engagement, and regional advocacy.

 

Keynote speaker was Prof Martins Paparinskis, Latvia’s first-ever representative at the ILC (more precisely, a member of the ILC’s Working Group on Sea-Level Rise in Relation to International Law) and Professor of Public International Law at University College London. Prof Paparinskis has also actively contributed to discussions on the law of the sea, statehood, and human rights. This, and his role as lead counsel for Latvia in the International Court of Justice (ICJ) advisory proceedings on Obligations of States with Respect to Climate Change, meant that he could provide deep expertise and valuable insights into international legal developments on the issue.

 

In his presentation, Prof Paparinskis set the scene by referring to the 1933 Montevideo Convention on the Rights and Duties of States, which outlines the four criteria for statehood: a permanent population, a defined territory, a government, and the capacity to enter into relations with other states. The expert went on to explain the preliminary findings of the ILC, with a final report scheduled to be released later this year. The discussion featured HE Margers Krams, Ambassador of Latvia to Australia and Special Envoy to the Pacific, the Deputy Speaker of the Parliament of Fiji and Assistant Minister for Foreign Affairs, the Hon Lenora Qereqeretabua, the Permanent Secretary of MOFA, Dr Raijeli Taga, and other high profile representatives from the Ministry, as well as experts from various Fijian universities. 

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