Legal Implication of Sea Level Rise for Kenya Baseline and Outer Limits of Maritime Zones in Regulating Coastal Marine Resources

Abstract

The coastal climate is largely influenced by rising temperature, extreme weather conditions such as flooding and prolonged drought and sea level rise exerting pressure on coastal shoreline. This has influenced coastal land and infrastructure, destruction of fishing land that results to unsustainable exploitation. Sea level rise will have serious implication to the coastal baseline, moving it inwards and influencing the low water limit to move with territorial seas and EEZ that are drawn from the baseline. This creates a challenge with respect to the status of previously declared Territorial sea coastline in respect to sovereignty rights. It also influences the jurisdictional regimes which have been devised to manage marine resources, displays negative implication on the outer limits of maritime zones, and restricting access and sovereignty rights of the coastal states that results to inequity of resources management. The purpose of the study is to ascertain the legal implication of sea level rise for Kenya baseline and outer limits of maritime zones in regulating coastal marine resources to merge certain aspects of two broad disciplines, namely Environment and Maritime aspects. The study approach interrogates the interplay between the parameter of control, management and sustainable exploitation of marine resources within Kenya’s maritime zone. It proposes best measures to be adopted on the legal framework to integrate the accessibility to Resources, help improve equity in resource access and improve the legal practices applied in other coastal judicial decisions on resources management to achieve equity and Justice. The methodology applied was qualitative based on purposive sampling technique to determine implication of sea level rise on access to marine resources. Both primary and secondary data were used in this study. Primary data were collected from interviews with key informant, in-depth interview and observation. Using semi-structured questionnaire, twelve (12) institutions were selected purposively, at least 30 officers were assessed on legal implication of sea level rise on access to marine resources. The study also analysed the potential impact of sea level rise, legal implication, factor hindering access to resources and challenges of resources management. The Finding showed overlapping legal instruments, inadequate and weak legal framework, inconsistent policy and institutional interventions, and capacity building, inadequate financial and technological resources for capacity building and exploitation of resources as well as poor surveillance. The proposed strategy focused on the analysis of legal framework on the maritime zone stipulated by national law and how to administer marine resources in the context of sea level rise, these are expected to strengthen the legal framework and institutions. (Keywords: Maritime Law, Sea level rise, Maritime zone, Exclusive Economic Zone)