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