Sinking into Statelessness

Tilburg Law Review 19 (2014) 20-25

6 Pages Posted: 1 Dec 2017

See all articles by Heather Alexander

Heather Alexander

Tilburg University

Jonathan Simon

New York University (NYU) - Department of Philosophy

Date Written: January 1, 2014

Abstract

If rising seas render small islands uninhabitable, will displaced islanders become stateless? The modern intellectual and legal tradition tells us that states must have defined, habitable territory. If so, small islands will cease to be states, and their inhabitants will accordingly become stateless. Against this, leading scholars have recently argued that the principle of presumption of continuity of state existence implies that island states continue to be states even after becoming uninhabitable. We argue to the contrary: the principle of presumption of continuity of state existence implies no such thing. If nothing is done to prevent the loss of their territory, small islands will lose their statehood, making displaced islanders stateless.

Keywords: Statelessness, Climate Change

Suggested Citation

Alexander, Heather and Simon, Jonathan, Sinking into Statelessness (January 1, 2014). Tilburg Law Review 19 (2014) 20-25. Available at SSRN: https://ssrn.com/abstract=3079648

Heather Alexander (Contact Author)

Tilburg University ( email )

Tilburg
Netherlands

Jonathan Simon

New York University (NYU) - Department of Philosophy ( email )

New York, NY
United States

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