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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
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
4.4 Likewise, in its Advisory Opinion on the Obligations of States in
respect of Climate Change, the International Court of Justice (‘ICJ’)
notes that ‘once a State is established, the disappearance of one
of its constituent elements would not necessarily entail the loss of
its statehood’.26
4.5
Widespread recognition of the ‘continuity of statehood’ is expected
to support persons in retaining their nationality and help to
prevent statelessness in accordance with human rights standards.
States are encouraged to join the growing support for this concept
by respecting the continued sovereignty of States facing extreme
harms due to climate change. This includes maintaining diplomatic
relationships with States particularly affected by climate
change-related sea-level rise, and respecting their continued
participation in international institutions.
Widespread recognition of the ‘continuity of statehood’
is expected to support persons in retaining their
nationality and help to prevent statelessness in
accordance with human rights standards.
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