This lecture proposes that it is erroneous to conceptualize “naturally formed land” as “man-made land” under the United Nations Convention on the Law of the Sea (UNCLOS) for three reasons. First, UNCLOS did not take into consideration the “man-made” aspects or human interference that allows the land (territory) of the Netherlands to continue existing naturally. Second, given modern climate change dynamics, the idea of “naturally formed land” and “man-made land” is changing. Third, like the Netherlands, several small island states that are losing a substantial part of their land (territories) argue for continuance of their statehood; however, they are suffering from an ongoing sovereignty crisis, inequality, and exploitation, as reflected in the Tuvalu-Australia treaty of 2023.

This is an in-person only event.

About Professor Chhaya Bhardwaj

Professor Chhaya Bhardwaj is an Alexander Von Humboldt Climate Protection Fellow in Germany and a Visiting Fellow at The George Washington University Law School. Her home institution is O.P. Jindal Global University, where she is an Associate Professor. She received her LL.M. in Environmental Law from Vermont Law School in 2016 and is currently enrolled as a PhD Candidate at Dublin City University. Professor Bhardwaj is a well-published scholar in climate change law, climate refugees, and climate change and migration. As a Visiting Fellow at GW Law, she co-authored a paper, Enhancing Protection of “Climate Refugees” in Destination Hubs: A Comparative Analysis of Legal Mechanisms and Governance Challenges in the U.S. and India, in the spring 2024 issue of the Harvard Human Rights Journal. Recently, Professor Bhardwaj contributed to the IUCN’s written statement to the International Court of Justice about the ongoing climate change advisory proceedings, as a member of the advisory group. She has also contributed to the work of the International Law Commission between 2018 to 2021, specifically on the study group on “Sea-level rise and International Law.”