potential impact of climate change on fish stocks98 would need to be considered. Unless
measures such as the maintenance of current exclusive economic zones were adopted,99 the
government could become dependent on funding provided by other States.
Such a government would only be able to extend diplomatic and consular protection and
would largely lack capacity to enforce its laws. It would struggle to guarantee even basic
rights or services to its citizens. Individuals could face difficulties in obtaining relevant
documents to prove their identity, as their issuance could depend on the verification of
registries which might not have moved with the government or could have suffered damage
from the events that led to the uninhabitability of the territory of the island State. Problems
would occur if nationals were displaced to a country different from that of the government
because exercise of protection would in such case depend on another State’s acceptance of
such exercise by the government in exile. In either case, a population forced into exile would
be dependent on the status and rights a host State would be willing to grant it. Unless they
met the definition of a refugee,100 had some durable legal status,101 or had another
nationality, the affected population could experience restrictions on their freedom of
movement, including detention; the inability to seek employment; and lack of access to
property or even basic health care.102 While they should enjoy protection under international
they are to be differentiated from islands. At some period, however, territorial seas and economic zones based
on current baselines could potentially be lost.
98
See J. Barnett, ‘Food security and climate change in the South Pacific’, (2007) 14 Pacific Ecologist, Winter
2007, 32-36, available online at: http://www.pacificecologist.org/archive/14/food-security-climate-change.pdf
(last accessed 25 January 2011), which highlights the potential impact on available fish stock in the exclusive
economic zones; see also Barnett and Adger, note 4 above and Barnett, ‘Climate change and security in Asia:
Issues and implications for Australia’, Melbourne Asia policy papers, Number 8, March 2007, 4, available
online at: http://www.gechs.org/downloads/barnett/Barnett2007.pdf (last accessed 25 January 2011).
99
In view of the impact on small island States, some are arguing for the maintenance of zones once established,
even if the associated land territory should disappear, see, for example, R. Rayfuse, ‘W(h)ither Tuvalu?
International law and disappearing states’, University of New South Wales Faculty of Law Research Series,
Paper 9, 2009, available online at: http://www.austlii.edu.au/au/journals/UNSWLRS/2009/9.txt/cgibin/download.cgi/download/au/journals/UNSWLRS/2009/9.rtf (last accessed 25 January 2011). See also D.
Caron, ‘Climate change, sea level rise and the coming uncertainty in oceanic boundaries: A proposal to avoid
conflict’, in S.-Y. Hong and J. M. Van Dyke (eds.), Maritime boundary disputes, settlement processes, and the
law of the sea (Publications on ocean development) (Leiden: Martinus Nijhoff Publishers, 2009) available
online at: http://works.bepress.com/cgi/viewcontent.cgi?article=1038&context=david_caron (last accessed 25
January 2011).
100
Nationals of affected island States could claim refugee status only if they meet the definition of the
Convention relating to the Status of Refugees (adopted 28 July 1951, entered into force 22 April 1954) 189
UNTS 137 (Refugee Convention), that is if they were persons that ‘owing to well-founded fear of being
persecuted for reasons of race, religion, nationality, membership of a particular social group or political
opinion, is outside the country of his nationality and is unable, or owing to such fear, is unwilling to avail
himself of the protection of that country; or who, not having a nationality and being outside the country of his
former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it’.
While regional instruments have widened the definition, in most cases, persons forced to move externally due
to the effects of climate change would still not meet such definitions. It is not excluded that nationals of
affected island States may flee as refugees, however, if for example conflict would occur as a result of resource
scarcity and or land rights disputes, see J. McAdam. ‘Climate Change Displacement and International Law:
Complementary Protection Standards’, UNHCR Legal and Protection Policy Research Series, May 2011.
101
As an example, citizens of the Marshall Islands and other States parties to the Compact of Free Association
with the United States may immigrate to the United States, although there are no guarantees with respect to
permanent residence or citizenship and there are no provisions relating to climate change; see Compact of Free
Association Act of 1985 , available online at: http://www.fm/jcn/compact/actindex.html (last accessed 25
January 2011).
102
On the extent to which the international refugee regime could apply, see UNHCR, ‘Climate change, natural
disasters and human displacement: a UNHCR perspective’, 14 August 2009, available online at:
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