2023]
SPECTER OF STATELESSNESS
335
These low-lying islands struggle with coastal erosion and reduced freshwater
quality and availability.19 This is due to the saltwater inundation of freshwater
aquifers—an existing environmental threat made worse by climate change.20
Saltwater inundation harms drinking water supplies and the low-lying islands’
capacity to grow crops.21 This exacerbates food insecurity with devastating consequences for small nations that possess limited, arable farmland. Indeed, small
island nations may run out of fresh water long before they run out of land.22 The
island nation of Tuvalu, for example, has served as a “climate canary in the coal
mine” on such issues, suffering a water emergency in 2011 due to drinking water
shortages.23 As climate impacts rise, such water and food emergencies will
become more commonplace.
In a tragic climate justice paradox, these four nations bear little responsibility
for the underlying crisis and harm they are suffering.24 They have emitted a minuscule share of GHG emissions but suffer disproportionate climate harm.25
Unlike developed nations—whose carbon-intense economies grew from the
Industrial Revolution to present day—developing nations are asked to reduce
their GHG emissions, slowing their economic growth and progress.
It is increasingly clear that a massive uptick in adaptation funding and investment will not avert wholesale abandonment of large swaths of these islands; a
point reinforced by several scientific papers and highlighted by Professor Maxine
Burkett.26 Although migration has long been a natural human adaptation strategy
to environmental variability, climate change is putting a new adaptation strategy
on the table: full-scale nation abandonment.27 In extreme instances abandonment
can be characterized as a rational human adaptation strategy. Nevertheless, abandonment has devastating consequences for many island nations.28
19. C. Storlazzi, E. P.L. Elias & P. Berkowitz, Many Atolls May be Uninhabitable Within Decades
Due to Climate Change, SCIENTIFIC REPORTS, Sept. 25, 2015, at 1, 6, https://perma.cc/LM69-S6QP.
20. Vlad Sokhin, Sink or Swim: Can Island States Survive the Climate Crisis?, U.N. NEWS (Jul. 31,
2021).
21. Storlazzi et al., supra note 19, at 1.
22. See id. at 6.
23. Tuvalu was aided by Australia and New Zealand, who provided water supplies, desalination
plants, and technical expertise. Jane McAdam, Disappearing States?, BROOKINGS (Mar. 30, 2013),
https://perma.cc/479H-52BV.
24. See INTERGOVERNMENTAL PANEL ON CLIMATE CHANGE, MITIGATION OF CLIMATE CHANGE 9
(2022).
25. See Maxine Burkett, A Justice Paradox: On Climate Change, Small Island Developing States,
and the Quest for Effective Legal Remedy, 35 HAW. L. REV. 633 (2013). For a critique of distributive
and corrective justice in the context of climate change, see Eric Posner & Cass Sunstein, Climate
Change Justice, 96 GEO. L.J. 165 (2008).
26. See Storlazzi et al., supra note 19; Burkett, supra note 25.
27. R. Bedford, Environmentally-Induced Migration within the Context of Existing Migration
Patterns in CLIMATE CHANGE AND MIGRATION IN THE SOUTH PACIFIC REGION: POLICY PERSPECTIVES
CONFERENCE, WELLINGTON, 9–10 (July 2009).
28. Abandonment is also a highly contentious and sensitive issue for SIDS. Many SIDS, such as
Kiribati, have a “migration with dignity” strategy.
Electronic copy available at: https://ssrn.com/abstract=4223806