No nation should be lost to the sea

The sea is rising. International law must too, say Simone Borg and Abigail Cutajar

Science has transformed the way international law is made. Over the past decades, scientific evidence has driven global agreements on issues such as ozone depletion, biodiversity loss and climate change. Nations have increasingly accepted that global challenges require collective action grounded in scientific knowledge.

Malta has played a historic role in this journey. In 1988, Malta successfully led the adoption of a landmark United Nations Resolution declaring climate change a ‘Common Concern of Humankind’. At a time when climate change was only beginning to enter public consciousness, Malta called on the international community to listen to science and work together to prevent its most serious consequences.

Nearly four decades later, one of those consequences is becoming increasingly visible: sea level rise.

Scientific evidence shows that rising global temperatures are causing oceans to expand and ice sheets to melt, threatening coastal communities and low-lying island states around the world. For some countries, this is not simply an environmental issue. It is an existential one.

What happens when a state loses territory to the sea? Can a nation continue to exist if parts of its land become uninhabitable or submerged? How do we protect the rights, sovereignty and identity of affected populations?

These are questions that international law was never designed to answer. The legal rules governing statehood were developed long before sea level rise was understood as a real threat. Yet, today, some of the world’s most vulnerable states risk being disproportionately affected by a crisis they did little to create.

Malta has become one of the leading voices advocating for international legal solutions that safeguard the continuity of statehood and the rights of vulnerable nations. During its recent term on the United Nations Security Council, Malta highlighted sea-level rise as a challenge not only for the environment but also for international peace, security and stability.

At the same time, Malta is translating these principles into action. Through the Climate Action Authority, Malta convened the High-Level Conference on Rising Seas in 2025, bringing together ministers, scientists, legal experts and policymakers to examine the implications of sea-level rise and strengthen international cooperation.

Climate change is a common concern of humankind

The conference resulted in a technical paper endorsed by participating countries and highlighted the need for greater collaboration on climate resilience, adaptation and the protection of vulnerable coastal communities. Building on this momentum, Malta is now exploring opportunities for enhanced Mediterranean cooperation on adaptation and resilience.

We firmly believe that regional coordination is essential. Countries should go beyond reacting alone by sharing data, align emergency protocols and conducting joint scenario simulations. Key elements such as early warning systems, increased interconnections, cleaner energy sources and, above all, regional solidarity are not optional; they represent the only sustainable way forward.

This work, which the National Climate Council and the Climate Action Authority are pushing forward, complements Malta’s broader climate agenda, including national climate risk assessments and the development of a National Climate Resilience Plan. It reflects a simple but important principle: climate action must be both global and local. We need strong international frameworks but we also need practical action to help communities prepare for the impacts already unfolding.

This vision has recently gained further support through the Advisory Opinion of the International Court of Justice on climate change, which reaffirmed the importance of cooperation and states’ responsibility to prevent climate harm.

For Malta, this is more than a policy issue. It is part of a longstanding commitment to ensuring that international law evolves to protect the most vulnerable. Climate change is a common concern of humankind. Addressing sea level rise therefore requires more than reducing emissions; it requires solidarity, fairness and a commitment to ensuring that no nation loses its rights, identity or future because of a crisis it did not create.

Abigail Cutajar is CEO of Europe’s first climate action authority, a chartered engineer and LEED AP driving Malta’s climate neutrality agenda.

Simone Borg is Malta’s Ambassador for Climate Action and a professor of law at the University of Malta specialising in international environmental and ocean governance law.

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