The international legal personality of island States permanently submerged due to climate change effects

The island States which are geographically the lowest lying in the world can be found in the Pacific Ocean (Tuvalu, Kiribati, the Marshall Islands) and the Indian Ocean (the Maldives). These four States are populated by over half a million people. Together their Exclusive Economic Zones – important for fishing and other exploration and exploitation rights – account for over 7 million km², an area which compares to 20 times the size of Germany. Due to their low-lying nature, these island States are highly threatened by rising sea levels caused by climate change. They are the first to experience a significant loss of territory due to climate change.

This monograph discusses the consequences for the legal personality of the low-lying island States which will become submerged due to sea level rise. The issue is approached in a manner which goes beyond the binary statehood or no statehood analysis and includes other potential legal personalities available to the people of the State based on the right to self-determination as found in common article 1 of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. In addition, the consequences of changes to the legal personality of a State are reviewed, in particular those pertaining to the rights and duties a State holds in its maritime zones.