SIDS, Territorial Loss, and Notions of Statehood under International Law: Reparative Approaches
International Journal of Environment and Climate Change · pp. 62–72 · Published 14 Apr 2022
10.9734/ijecc/2022/v12i930739Abstract
As global climate change intensifies, Small Island Developing States are experiencing dangerous effects and facing unprecedented risk in terms of projected territorial loss. Because the international system views states as territorial entities and links state membership with the assurance of human rights, the implications of total territorial disappearance of these islands for the realization of human rights are potentially disastrous. By utilizing the metric of adherence to key principles of differentiated responsibility, the paper analyzes potential pathways for protecting vulnerable states and their inhabitants in situations of territorial loss. It concludes that any protective framework must include a reparative approach that places greater differentiated responsibility on the states that caused climate change in terms of handling migration, promoting climate resilience and adaptation, and mitigating additional climate harms, even if doing so requires significant internal change.
References (6)
- 1 The United Nations Framework Convention on Climate Change [DOI]
- 2 The Nation Ex-Situ: On climate change, deterritorialized nationhood and the post-climate era [DOI]
- 3 Climate Change and Disappearing Island States: Pursuing Remedial Territory [DOI]
- 4 Sovereignty sunk? The position of 'sinking states' at international law
- 5 Is Litigation an Effective Weapon for Pacific Island Nations in the War Against Climate Change
- 6 The 21st Century Atlantis: The International Law of Statehood and Climate Change-Induced Loss of Territory
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