The State without territory: The disparition of the territory due to climate change

Abstract

Diverse and founded scientific analysis show that one of the derivatives of the so-called “climate change” is global warming and, as a consequence, the possible significant elevation of the sea levels on the planet. This could imply, in certain cases, the disappearance under the waters of extended portions of the territory of several states, most notably certain Pacific archipelagic States, which could see even the complete disappearance beneath de seas of their territories. This would affect one of the constituent elements of the statehood, then questioning its effects on the sovereignty and even the very existence of that State. It would be similarly affected other element of statehood: the population, which could be partially or totally displaced forming a new type of “climate displaced people”. Current international law offers various solutions to these problems, although part of the mise en œuvre of these solutions involve the assumption of substantial policy options with noteworthy legal effect. This paper examines some of these issues and suggests some of them as possible solutions to the territorial alteration or disappearance of certain States due to climate change.