human rights law,103 in practice such rights could be difficult to secure. To the extent that they could not return to any country where they could secure full rights as citizens, the affected population would experience a considerable erosion of its rights. Would States be deemed to continue to exist even with the entire population and government abroad? As noted above, continuity has been accepted, even when the criteria for statehood for not met for considerable periods of time. Statehood should in principle not be questioned if the territory’s submersion is due, for example, to temporary storm surges or flooding, even if these were to occur on a regular basis, and provided it does not render the territory uninhabitable. Building dykes is a legitimate strategy to preserve territory. Existing islands may also be shored up to increase their altitude.104 Although artificial islands do not have the same status as natural islands, it would presumably be possible to take action to recover territory of island States once it is fully submerged without rendering them artificial as such.105 If the submersion of the entire territory through rising sea levels becomes permanent, and no other territory is ceded,106 it would appear more difficult to argue that the constitutive elements of statehood continue to exist, even with the lower threshold and presumption of continuity applicable for States already in existence. Despite the fact that the air space and the territorial sea would physically remain, these are generally considered appurtenances to the land territory and, thus, would presumably pass together with the land territory.107 The State’s very existence could be questioned. Reactions by the affected State itself and other States would likely be the determining factor such a situation. Although State practice generally considers recognition as declaratory, its critical importance is accepted, particularly in cases where there is doubt as to the status of an entity.108 There could thus be agreement that such States would continue to be recognized. However, even where continuity would be presumed, the population could find itself abroad without access to the protection of the State and be considered de facto stateless.109 Where only http://www.unhcr.org/4901e81a4.pdf (last accessed 25 January 2011); UNHCR, ‘Forced displacement in the context of climate change: Challenges for States under international law’, 20 May 2009, available online at: http://www.unhcr.org/protect/PROTECTION/4a1e4d8c2.pdf (last accessed 29 May 2011). 103 See, UN Human Rights Committee, General Comment No,.31: Nature of the general legal obligation imposed on States parties to the Covenant, 26/05/2004, UN Doc. CCPR/C/21/Rev.1/Add.13; General Comment No.15: The position of aliens under the Covenant, Twenty-seventh session, 1986; see also Prevention of discrimination: The rights of non-citizens: Final report of the Special Rapporteur, Mr. David Weissbrodt, submitted in accordance with Sub-Commission decision 2000/103, Commission resolution 2000/104 and Economic and Social Council decision 2000/283, Commission on Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, Fifty-fifth session, UN Doc. E/CN.4/Sub.2/2003/23, 26 May 2003. 104 See Re Duchy of Sealand, note 31 above. 105 See Re Duchy of Sealand, note 31 above. UNCLOS provides that States shall have exclusive jurisdiction to build artificial islands as well as other structures and installations. However, Arts. 60(1) and (8) provide that ‘[a]rtificial islands, installations and structures do not possess the status of islands. They have no territorial sea of their own, and their presence does not affect the delimitation of the territorial sea, the exclusive economic zone or the continental shelf’. The establishment of artificial islands has reportedly been suggested in the Maldives, although this presumably refers to artificially increasing the altitude of certain islands; see Toomey, note 14 above. 106 See also infra on option of cession of territory. 107 See Brownlie, note 30 above, 105, 117-118. 108 See Crawford, note 27 above, 3-36, Shaw, note 32, 207-209. 109 The term ‘de facto’ generally refers to persons who lack an effective nationality. Thus, the Final Act of the Convention on the Reduction of Statelessness and the Draft Articles on Nationality of Natural Persons in relation to the Succession of States, 989 UNTS 175, entered into force on 13 December 1975 indicates that 14