One option to prevent statelessness would be for other States to cede territory to the affected
State for its continued existence. Full cession of sovereignty over certain territory would be
required in such a case. Additionally, in such a situation, other States would have to agree
that it is the same State establishing itself in a new territory.129 In such a case, the population
could maintain its nationality and would not be rendered stateless. The President of the
Maldives has reportedly announced plans to purchase land in Sri Lanka or India. Nations
which have been approached are said to have been receptive to the idea.130 It is, however, not
clear whether such discussions addressed the possibility of full cession of State sovereignty
over certain territory.131
Another option would be to establish a union with another State. Such a union could result in
the creation of a new State or lead to one State being subsumed into an existing State. In
either scenario the establishment of a federation or a confederation would be possible.132
Regardless of whether the State resulting from the union would be a new State or an existing
State, and regardless of the nature of the constitutional arrangement within the State, the
1961 Convention and the Draft Articles on the Nationality of Natural Persons in Relation to
Succession of States would offer relevant guidance. The 1961 Convention provides that in
the absence of a treaty specifying otherwise, citizens of the predecessor State should acquire
the nationality of the successor State if they would become stateless otherwise.133 The Draft
Articles on the Nationality of Natural Persons in Relation to Succession of States, which are
broader in scope, have extended this approach to all nationals of the predecessor State,
stating that in the case of unification of States, ‘the successor State shall attribute its
nationality to all persons who, on the date of the succession of States, had the nationality of a
predecessor State’.134 The International Law Commission has indicated that it considers this
http://www.amnesty.org/en/library/asset/ASA47/001/2008/en/75b4fa2c-6e1b-11dd-8e5e43ea85d15a69/asa470012008eng.html (last accessed 25 January 2011). To the extent that such stateless persons
were present, their situation would need to be tackled separately, although in some cases they may form part of
special arrangements as outlined infra.
129
Crawford, note 27 above, 667-678.
130
See Toomey, note 14 above; also R. Ramesh, ‘Paradise almost lost: Maldives seek to buy a new homeland’,
Guardian,
10
November
2008,
available
online
at:
http://www.guardian.co.uk/environment/2008/nov/10/maldives-climate-change (last accessed 25 January
2011); AFP, ‘Maldives saves for new homeland amid flooding fears: report’, 10 November 2008. Indonesia's
Maritime Minister also reportedly suggested that uninhabited Indonesian islands could be rented to affected
populations, although there has not been a formal proposal; see S. Holland, ‘Indonesia's rent-an-island answer
to
climate
change’,
ABC
News,
3
June
2009,
available
online
at:
http://www.abc.net.au/news/stories/2009/06/03/2588165.htm (last accessed 25 January 2011).
131
See also the historically analogous case of Nauru, which was offered resettlement of its entire population on
Curtis Island (Australian Territory) because of the environmental decimation of its own island, but refused
because the resettlement terms did not grant the Nauruans sovereign independence. Examples of Kiribati,
Tuvalu and the Maldives having approached the Governments of Australia and New Zealand respectively with
proposals for the latter two to take entire populations in case of total loss of territory, have consistently been
met with refusal: Senate Foreign Affairs, Defence and Trade Committee, A Pacific Engaged: Australia’s
Relations with Papua New Guinea and the Island States of the South-West, 12 August 2003, para 6.78 and B.
Crouch ‘Tiny Tuvalu in “Save Us” Plea Over Rising Seas’ Sunday Mail, 5 October 2008.
132
See Crawford, note 27 above, 479-500. While a federation or a confederation would be possible, the former
island State would presumably require the granting of new territory within the Union.
133
See Art. 10 of the 1961 Statelessness Convention, note 109 above.
134
See Art. 21 of the Draft Articles on Nationality of Natural Persons in Relation to the Succession of States,
note 25 above, and commentary (3) to above Article. Habitual residents of the island State, including stateless
persons, should also have the right to choose whether or not to acquire the nationality of the successor State.
See also Commentary 5 to Art. 21 of the Draft Articles on Nationality of Natural Persons in Relation to the
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