Underwater Land Tenure

Britain used to be joined to the European land mass by a land bridge until about 8,500 years ago when melting glaciers raised sea levels and formed the English channel. It is normal that over geological time the geomorphology alters, fortunately ever so slowly so that the changes from one generation to another are barely noticeable – or that is how it was. Human activity is now driving change faster than nature acting alone.

Britain’s southern coast is slowly dropping into the sea. If you buy a house with a spectacular sea view built on the cliff top there is a risk that it will collapse into the sea. This is not caused by human activity and although it can be delayed it cannot be stopped by human protection measures; this is the natural process of change at work. A house built further back from the cliff edge may not have such good views but the owner can be confident of passing a house with value and a future onto their children and grandchildren. There is a balance to be struck between enjoying the best view in the owner’s lifetime and being able to preserve the family’s inheritance.

The situation for small island states is altogether more serious and in this case humankind is culpable. The Maldives and other tropical atolls are typically no more than a metre above sea level. Sea levels have risen by about 20cm over the past century; scientists predict this trend to continue, and to accelerate, as emissions of green-house gases continue to rise unabated. Under international law, an inhabited island can claim territorial rights but this does not extend to small rocks - or to an island completely submerged by the sea.

The owner of a house on the edge of England’s south coast has traded a beautiful outlook now for a collapse that they can hope will be beyond their lifetime. The industrialised nations are making a similar trade, burning fossil fuel in the knowledge that many small island states will cease to exist as a consequence. In the former case, the house owner is playing with the inheritance of their own children. In the latter case, rich nations are destroying the inheritance of the smallest nations on the planet. Compensation is likely to be paid but how do you value the loss of, not just a house, but a location to call home and a state that ceases to exist.