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Small Island States & International Law: The Challenge of Rising Seas

Small Island States & International Law: The Challenge of Rising Seas

Author: Carolin König
Publisher: Routledge
ISBN: 9781032204420
Published In: December 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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What happens under international law if a state perishes due to rising sea levels without a successor state being created? Will the state cease to exist? What would this mean for its population? Have international law and globalization progressed enough to protect the people thus affected, or does international law still depend on the territorial state when it comes to protecting entire populations?

Exploring these issues, this book provides answers to these pressing questions. Focusing on small island states as actors in the international community, it evaluates the challenges that the state as a subject of international law faces in general from globalization and humanization, and what this means for small island states threatened by rising seas. Highlighting the experience of the indigenous peoples of small island states as collectives, and to the individuals living in these states, the book addresses fundamental questions of general state theory and international law, drawing on an extensive body of source material.

As rising sea levels present an increasingly pressing threat to small island states, this book highlights the importance of international protection of the individual and the capacity of international organizations to act within existing international law. It identifies pressing problems where immediate action is required and argues that, in future, the responsibility for protecting individuals could shift to the international community, if a sinking island state can no longer protect its population on its own.

A. Introduction

A Brief Overview of the Science Behind Climate-Change-Induced Rising Sea Levels

Small Island States, the Rising Seas, and the International Community

The Rising Seas and International Law – Open Questions and How to Find Answers

B. What does an Entity Need to Qualify as a State? – or What it Takes to be a State

C. When does a State Cease to Exist? – or What it Takes Not to be a State Anymore

Loss of Territory

Criterion "A Defined Territory" Endangered by the Rising Seas?

Statehood Endangered by the Loss of "A Defined Territory"?

Examples of Rights and Duties Associated with Sovereignty

Sovereign Action on Foreign Territory

a) Cases of Interventionist Actions on Foreign Territory

b) Cases of Tolerated Actions on Foreign Territory

c) Limitations on Action on Foreign Territory as a Consequence

Other Forms of Sovereignty

Conclusion

Examples of "Statehood" without Territory

Non-Territorial Unions

Sovereign Subjects of International Law without Territory

States that Temporarily Lost their Territory

Virtual States

Conclusion

States’ Considerations with Regard to Potential Loss of Territory

Conclusion

Loss of Population

Concluding Thoughts on What it Takes Not to be a State Anymore

D. What it Means to be a State – the Emergence of the Modern State and its Significance Today

Rights of a Modern State

Challenges for the Contemporary Concept of a State

Humanization – the Increasing Importance of the Individual

Globalization – the Decreasing Importance of Territory?

Concluding Thoughts on What it Means to be a State

E. What it Means Not to be a State Anymore – the Consequences of the Loss of Statehood for the State’s Population and the International Community

Loss of Statehood and its Effects on the Respective Populations - Individual and Collective Dimension

Nationality and Why Having a State is (Still) Important for the Protection of Human Rights

Emerging Infringements on the Human Rights of (Indigenous) Peoples from Small Island States due to Rising Sea Levels

Collective Dimension of Human Rights Infringements due to Climate Change

Conclusion

Loss of Statehood - Triggering a Responsibility of the International Community?

Human Rights Approach

Responsibility that Comes with Solidarity

Responsibility to Protect

Causal Responsibility

Responsibility of the One Able to Respond

Conclusion

Concluding Thoughts on What it Means Not to be a State Anymore

F. Closing Remarks

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