SEA LEVEL RISE AND CLIMATE STATELESSNESS: FROM
‘TOO LITTLE, TOO LATE’ TO CONTEXT-BASED
RELEVANCE
MICHEL ROULEAU-DICK*
Several low-lying island states currently risk the loss of their entire territory before the end of the
century. Combined with the inadequacy of the existing framework of international refugee law to
address the challenges faced by those displaced, this situation has made the law on statelessness
an interesting candidate for securing an alternative path to obtaining a legal status in a postrelocation context. However, while several authors have examined this possibility, the majority
conclude that it fails in its putative task by providing too little, and by coming into play too late to
be of any significant relevance to the situation of environmentally displaced persons in low-lying
island states. This article challenges this narrative by re-examining the relevance of the law on
statelessness along with the context within which it might have to play a role.
TABLE OF CONTENTS
Introduction ...................................................................................................... 287
Climate Statelessness ........................................................................................ 288
Too Little, Too Late .......................................................................................... 291
A Too Late................................................................................................ 291
B Too Little .............................................................................................. 293
Worst-Case Scenario ......................................................................................... 296
Statelessness in Context .................................................................................... 297
A Too Late? .............................................................................................. 297
1
Statehood .................................................................................. 298
B Too Little? ............................................................................................ 302
C Context-Based Relevance ...................................................................... 306
Conclusion ........................................................................................................ 306
INTRODUCTION
After decades of doubt and uncertain progress towards awareness of climate
change, attitudes are starting to change. Numerous governments now acknowledge
that humanity is in a state of ‘climate emergency’ or facing a ‘climate crisis’, and
various actors in civil society have also changed the way they discuss climate
change to reflect the urgency of acting.1 Unfortunately, these pious declarations
alone are unlikely to slow the pace of climate change, and while key in increasing
pressure on governments, climate litigation is often limited by the narrow scope
*
1
The author is a doctoral candidate at the Institute for Human Rights at Åbo Akademi
University. He would like to thank Professors Elina Pirjatenniemi and Magdalena Kmak for
their insightful comments, as well as the reviewers for their valuable contributions to the
quality of this article. Any mistake is, of course, the author’s own.
Damian Carrington, ‘Why the Guardian Is Changing the Language It Uses about the
Environment’,
The
Guardian
(online,
17
May
2019)
<https://www.theguardian.com/environment/2019/may/17/why-the-guardian-is-changingthe-language-it-uses-about-the-environment>.