Re-Defining Statehood in the Face of Rising Sea Levels

Climate projections indicate that, within the next century, nine Small Island Developing States (SIDS) can be expected to disappear due to rising sea levels. Under traditional understandings of Statehood, a State cannot exist without defined territory. Rising sea levels therefore pose an existential threat to the SIDS set to disappear by 2100. This chapter considers the role and place of territory in the construction of Statehood, its relation to sovereignty, State continuity and State identity. It explores how we might move forward into a new era of Statehood in light of climate change-induced sea level rise by considering four different legal options: ex-situ nations, the creation of new artificial territory, purchasing territory and ‘floating’ States. The main takeaway is that international law’s construction of Statehood has always responded to factual changes and the needs of the international society and, therefore, in the era of climate change, it should equally exhibit flexibility and adaptability.