What Remains When Territory Disappears? On the Possibility of Climate Sovereignty

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Authors: Yatong Yang
Cited by: 0

Abstract

As rising sea levels threaten to render low-lying island states uninhabitable, international law faces an urgent dilemma - whether statehood persists without territory or not. The traditional idea of statehood is called into question if increasing sea levels submerge an entire nation’s landmass. Traditional legal frameworks, anchored in the territorial criteria outlined by the Montevideo Convention, provide no definitive guidance on this unprecedented scenario. This article proposes “climate sovereignty,” a novel theoretical framework designed to address the challenges of climate-induced territorial loss. Climate sovereignty redefines statehood beyond fixed territory, emphasizing the continuity of a people, their governing institutions, and collective identity, even when physical territory is submerged or uninhabitable. By shifting international legal recognition from a land-centric approach to a communitybased framework rooted in self-determination, climate sovereignty offers a legal pathway responsive to the evolving realities of vulnerable states. Through illustrative cases of Tuvalu and Kiribati, this article demonstrates the normative justification and legal viability of recognizing deterritorialized statehood within contemporary international law. Ultimately, this article seeks to advance international law’s response to an unprecedented existential threat, advocating for proactive recognition mechanisms and urging a fundamental reconsideration of sovereignty itself. It argues that, in a climate-altered world, nationhood must not disappear alongside territory.

Fields of Study & Subjects

Climate Change Adaptation Migration International Maritime Law Issues International Law and Human Rights

Publication details

Journal / source
Nature Environment and Pollution Technology
Volume
25
Issue
1
Pages
D1804–D1804
Publication date
26 February 2026
Language
EN