to be a rule of customary international law.135 Inasmuch as the union occurred prior to the
complete uninhabitability of the island State, questions of displacement and relocation would
still arise, although they would then be internal within the same State.136
Unless there was a cession of territory or union with another State, continuity of statehood
would depend largely on continued recognition by other States. As noted, de facto
statelessness could be an issue nonetheless with continued recognition; should recognition
cease, de jure statelessness would arise. The only option to prevent such statelessness from
occurring would be the acquisition of the nationality of a third State. Neither the 1961
Convention nor international instruments on State succession provide for specific safeguards
against statelessness in such a situation.137 The principle that statelessness should be
prevented should nonetheless be applicable. Thus, a situation-specific approach would need
to be pursued, ideally through multilateral comprehensive arrangements. Based on the
principle that statelessness is to be avoided, such arrangements should include provisions on
where, and on what legal basis affected populations would be permitted to move and
integrate.138 Situations which would trigger the initiation of such an arrangement would also
need to be agreed upon. Several receiving States could be foreseen. Solutions would have to
apply to all members of the population would and possible bars to immigration would need
to be waived.
Such arrangements should include measures to prevent the entire population concerned from
being rendered effectively stateless. Specifically, they should offer the option to all nationals
of the State threatened by submersion to acquire another nationality, ideally before the
dissolution of the State to avoid temporary statelessness. They would also ideally allow dual
citizenship, at least for a transitional period.139 A waiver may be required as regards formal
requirements applicable to renunciation or acquisition of citizenship, which might be
difficult to fulfil for affected people. Such arrangements would also need to include a right of
residence, to health care, pensions and other social security benefits in addition to other
services and rights. In elaborating these arrangements, the status of people who might have
been displaced to States not necessarily party to specific arrangements, as well as habitual
Succession of States, ibid. Such an approach could also include those stateless habitual residents who left the
State due to climatic change.
135
See commentary (6) to Art. 21 of the Draft Articles on Nationality of Natural Persons in Relation to the
Succession of States, note 25 above.
136
While questions of statelessness would not arise, internal displacement and relocation raise a host of other
legal issues; see for example, UNHCR, ‘Forced displacement in the context of climate change: Challenges for
States under international law’, note 102 above; see J. R. Campbell, M. Goldsmith, K. Koshy, ‘Community
relocation as an option for adaptation to the effects of climate change and climate variability in Pacific Island
countries (PICs): Final report for APN project 2005-14-NSY-Campbell’, Asia-Pacific Network for Global
Change Research, 2005, available online at: http://www.sprep.org/att/irc/ecopies/pacific_region/643.pdf (last
accessed 25 January 2011); see Field, note 12 above.
137
The 1961 Convention would apply to the children of stateless persons born abroad.
138
Such an approach would also be in line with UNHCR Executive Committee Conclusion No. 95 (LIV) of
2003, which in para. (v) ‘[e]ncourages States to cooperate with UNHCR on methods to resolve cases of
statelessness and to consider the possibility of providing resettlement places where a stateless person’s situation
cannot be resolved in the present host country or other country of former habitual residence, and remains
precarious;…’, although the population could be resettled prior to actual statelessness arising.
139
Although this is not a requirement under international law, such an approach would prevent uncertainty in
situations where nationality would be acquired and the previous one would cease, particularly in the context
where cessation of statehood may be contested and persons could be rendered stateless with respect to some
States but not others.
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