Sinking into Statelessness 25 one would still count as de jure stateless if one’s only affiliation were with such an entity, no matter who recognised that entity as a state. We thus have two independently compelling reasons to disagree with the Bellagio panel. Our aim in this paper has been to show that the principle that territory is a necessary condition for statehood under international law is not in any way trumped or undermined by the principle of presumption of continuity appealed to at the Bellagio meeting. Note that we have not argued that in fact states will not continue to recognise submerged island nations as states. We have argued that the principle of presumption of continuity does not necessarily recommend that they do so, and we have argued that even if it did, it would not follow that these submerged entities really were states, any more than a boiled egg would be a state if recognised by the community of nations to be. 3 Conclusion Though we argue that displaced islanders will be stateless, we acknowledge that the Statelessness Conventions do not provide a ready solution to their plight.21 As a result, continuing to formally recognise submerged states seems desirable because it appears to prevent displaced islanders from losing their cultural identity and legal rights, but in reality we will be creating an empty fiction that may impede a long-term solution. We should not confuse the desirability of preserving culture and national identity with the urgent need for individuals to have legal rights and citizenship protections. 21 1954 Convention (n. 2); 1961 Convention (n. 2). See also UNGA 63rd session, 9th, 10th, 11th, plenary meetings (25 Sept. 2008) UN doc A/63/PV.9, 10, 11; Carol Batchelor, ‘Statelessness and the Problem of Resolving Nationality Status’ (1998) 10 Int. J. Refugee Law 157, 158; McAdam, Disappearing States (n. 9); McAdam, Climate Change, Forced Migration, and International Law (n. 1) 144. Though in our forthcoming paper, we argue statelessness is necessary to establish refugee status for persons lacking a nationality and unable to return to their country of former habitual residence under the 1951 Convention Relating to the Status of Refugees. tilburg law review 19 (2014) 20-25

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