Author
Ms DAI Shixuan
Organisation/Institution
East China University of Political Science and Law
Country
CHINA
Panel
International Law
Title
Rediscovering the ‘Specially-Affected States’ Under Climate Change
Abstract
The Specially-Affected States Doctrine (SASD) — the practice of States whose interests that are specially affected must be included for a rule of custom to emerge — has fascinated international law practitioners for decades, yet its precise implications remain unclear. Once, concerns rose that the notion of specially-affected States may be used as a respectable disguise for ‘important’ or ‘powerful’ States. Recently, under climate change, the Committee on International Law and Sea Level Rise concluded that the Pacific Island States would of course be among those specially-affected States, bearing in mind their ‘vulnerability’ rather than ‘power’. A chance of rediscovering the specially-affected States in the international community emerges thereby. This essay rediscovers the SASD by addressing 2 questions: first, what makes a State ‘specially affected’; and second, what is the importance of a State (or a group of States) qualifying as ‘specially affected’ for the emergence of custom.
Biography
DAI Shixuan is a 4th-grade undergraduate student of East China University of Political Science and Law, the school of International Law. For Shixuan, international law is the subject that proves her the possibility of what Sir Lauterpacht once said, ‘individual human being is the ultimate unit of all law’, and meanwhile, there is so much her ‘first-time-in-life’ connected to international law, which is why she hopes to further study, practice and be dedicated to that. She has participated in several moot court competitions — the ICCMCC Chinese Version (2023 Vice-Champion), the ILOSMCC (2024 Champion) and the JESSUP Competition (2024 National 1st Prize) — as the main member and all won the best oralist award, where she explores the stunning diversification and expansion of international law. Since January 2024, she has worked as a student research assistant of the ECUPL Institute of International Law and Policy on Global Commons Governance. Her areas of interest include international human rights law, international dispute settlement and TWAIL.
