The Threat of a Rising Sea Level: Saving Statehood through the Adoption of Uti Possidetis Juris

Abstract

Climate change has several adverse effects. One of these is ‘sea level rise’, which threatens two key requirements of statehood as stipulated by the declaratory theory of statehood and subsequently listed in the Montevideo Convention on the Rights and Duties of States. These are a defined territory and a permanent population. The focus of this paper is the implications of the rising sea level on the maritime boundaries, land territory and populations residing in small lowlying island nations. The central argument is that a rising sea level impugns the statehood of small low-lying island nations whose maritime boundaries are determined by ambulatory baselines. It further argues that a consistent rise in sea level may submerge small island nations, leading to their extinction. It concludes by proposing the principle of uti possidetis juris as a panacea to the retention of statehood of small island nations threatened by sea level rise.