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: 13

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