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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
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
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