such States, should they continue to be recognized, could thus potentially face many of the
same problems as stateless persons. Should such States be considered to have become
extinct, former nationals of such States would be de jure stateless.
It should be noted that even if cessation of statehood should arise, this would not prevent a
government from continuing to have some international qualities.61 The Sovereign Military
Order of Malta constitutes a particularly relevant case. It claims to be a sovereign entity with
its own government and public institutions. It issues passports to its members,62 entertains
diplomatic relations with a considerable number of States and has been admitted as a
permanent observer to the United Nations.63 It lacks, however, a territory64 and is generally
not considered to be a State.65
3. Statehood, statelessness, low-lying island States
As noted above, the loss of the entire territory of a State or the exile of the entire population
and government is without precedent. Given that island States are recognized as States, the
presumption of continuity would apply. Insofar as there was a possibility that the elements of
statehood could be restored, continuity of the State would likely not be questioned. The
situation could be different, however, if the loss of territory or the exile of the population and
government were to become permanent.
The International Scientific Congress on Climate Change announced in March 2009 that a
rise in sea levels over one meter was possible by the end of the century.66 Such a rise is
considerably more than projected by the IPCC in its 2007 report and would be sufficient to
submerge much of Tuvalu, Kiribati and the Maldives, for instance. Presumably, even the
most minuscule territory could be sufficient to meet the criteria for statehood.67 The
requirement of territory could be considered to be legally met for some time still, although
territorial sea and economic zones would presumably decrease and could become defunct
prior to complete loss of all land territory.68 In view of the points of highest elevation
61
See Crawford, note 27 above, 27-31; Shaw, note 32 above, 195-197.
See the official site of the Order: http://www.orderofmalta.org/site/struttura.asp?idlingua=5 (last accessed 25
January 2011). Members retain, however, the citizenship of their countries.
63
Website of the Order of Malta, note 62 above. With respect to the permanent observer status in the United
Nations, see UNGA Resolution 48/265, 30 August 1994.
64
This has not always been the case historically, see the official site of the Order, note 62 above.
65
See Crawford, note 27 above, 30; N. Cox, ‘The Acquisition of Sovereignty by Quasi-States: The Case of the
Order of Malta’, (2002) 6 (1&2) Mountbatten Journal of Legal Studies 26-47; see also the records of the
meeting of the General Assembly resolution discussing the admission the Order of Malta as a permanent
observer, where reference is made to the Order's long-standing dedication to provide humanitarian assistance
and its special role in international humanitarian relations. However, statehood was objected by a number of
speakers who referred instead to the Order as a non-governmental organization. See General Assembly, Official
records, Forty-eighth Session, 103rd Meeting, 24 August 1994, UN Doc. A/48/PV.103, and General Assembly,
Summary record of the 13th meeting, 22 July 1994, UN Doc. A/BUR/48/SR.13.
66
At the International Scientific Congress on Climate Change held in March 2009 in Copenhagen, scientists
highlighted that sea level could rise by up to one meter or more by 2100, and was unlikely to be less than 0.5m,
see Climate Secretariat, University of Copenhagen, ‘Rising sea levels set to have major impacts around the
world’, 10 March 2009, available online at: http://climatecongress.ku.dk/newsroom/rising_sealevels/ (last
accessed 29 March 2011).
67
Brownlie notes that ‘[t]he concept of territory includes islands, islets, rocks and reefs’, note 30 above, 105.
68
Art. 47 of the UN Convention on the Law of the Sea, 1833 UNTS 397, 10 December 1982, (‘UNCLOS’)
defines how the baseline should be determined with respect to archipelagic island States. It provides for straight
baselines to be drawn from the outermost islands and drying reefs subject to specific conditions set out in the
Article. As islands of the archipelago are submerged, the question arises to what extent this would result in
62
8