Statehood and Climate Change-Induced Sea Level Rise

Abstract: This thesis explores the relation between climate change-induced sea level rise and the concept of statehood. The law on statehood is challenged in unprecedented ways as previously unthinkable scenarios become increasingly plausible. The purpose of the thesis is to examine whether or not low-lying small island developing states will lose their statehood if they are completely submerged by the sea as it continues to rise. Essential to this undertaking has been to examine how statehood can be attained, and more importantly, retained. Statehood is derived from the Montevideo Convention, in which the concept of statehood is codified. In addition to this convention, other essential legal instruments and treaties include the Law on the Sea, The United Nations Framework Convention on Climate Change and the Paris Agreement. The work also encompasses exploring legal concepts and theories of relevance to the overall purpose of the thesis. The phenomenon of climate change, including global warming, is rudimentary covered. There is no doubt that anthropogenic greenhouse gas emissions are driving global warming, which by extension is responsible for a considerable part of the current and accelerated sea level rise. There is no clear answer to the question at hand, and although multiple suggestions on how to retain statehood for small island developing states have been thoroughly explored, the reality is that the future of the affected states depends to a great extent on the international community as a whole. There are legal arguments to be made, ranging from the concept of peremptory norms and alternative interpretations of the explicit language in the Montevideo Convention, to the idea of new legal subjects and the potential of freezing the current baselines as they stand today. Ultimately, however, small island developing states are highly dependent on the rest of the world for their continued existence.