26 Global Recommendations on Nationality and Statelessness in the Context of Climate Change PART A 4. N  ATIONALITY AND THE CONTINUITY OF STATEHOOD IN THE CONTEXT OF SEA-LEVEL RISE AND LOSS OF TERRITORY 4 Global Recommendations on Nationality and Statelessness in the Context of Climate Change PART A 4. NATIONALITY AND THE CONTINUITY OF STATEHOOD IN THE CONTEXT OF SEA-LEVEL RISE AND LOSS OF TERRITORY Nationality and the continuity of statehood in the context of sea-level rise and loss of territory 4.1 As global temperatures continue to increase, sea-level rise is contributing to well-documented hazards and environmental degradation such as coastal erosion, soil salination and the pollution of groundwater sources, and amplifying exposure to events such as storm surge, king tides and related flood risk, particularly in low-lying, small island States and coastal settlements. Risks of statelessness linked to climate change have most frequently entered policy discourse in relation to projected loss of territory as a result of sea-level rise. 4.2 Under international law, territory along with a permanent population, a government, and the capacity to enter into relations with other States22 are indicators of statehood.23 There is growing support among States, regional bodies (notably the Pacific Islands Forum), and scholars for recognition of the ‘continuity of statehood’ in the context of sea-level rise.24 4.3 The ‘continuity of statehood’ would provide that the status, rights, and obligations of States continue despite changes in territory, population, or government. It means, in turn, that a State can continue to recognize its nationals, even if they reside outside of its territory. In the context of sea-level rise, the International Law Commission (‘ILC’) has noted:  The continuity of statehood in the context of climate change-related sea-level rise is based on the right of States to preserve their existence, the right of each State to preserve its territorial integrity and the right of peoples to self-determination. It is linked to legal stability, certainty and predictability, the sovereign equality of States, permanent sovereignty of States over their natural resources, the maintenance of international peace and security, equity and justice, and international cooperation. The continuity of statehood is essential to avoid situations of loss of nationality and statelessness.25 27

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