Climate Change and the Specter of Statelessness

Abstract

What happens when climate change extinguishes entire nations? Neither international nor environmental law has yet provided a satisfactory answer to this weighty question. Climate change-induced flooding, storm surge, and sea level rise threaten the territorial integrity and habitability of several small island developing states in the Pacific. This raises the specter of statelessness—we know that climate catastrophe is coming, but we have failed to take the necessary steps to safeguard several developing nations. This Essay argues that innovative legal and policy solutions are needed today to prevent nation extinction tomorrow. I focus on two international governance solutions: the U.N. Framework Convention on Climate Change’s loss and damage mechanism, and the U.N. Security Council’s capacity to address environmental threats to international peace and security.

This Essay proceeds in four parts. I first describe and analyze how climate change is threatening to destroy several island nations. Second, I analyze both the Framework Convention and Security Council’s capacity to prevent and compensate nations for climate-driven habitability loss. Third, I argue that wealthier, developed nations—responsible for the bulk of current and historic greenhouse gas emissions—must take the lead in saving nations from extinction. I conclude by offering a “climate-security” roadmap. This encompasses funding a loss and damage mechanism to compensate nations for harm already done and reimagining a Security Council that takes proactive steps to address climate change as a threat to international peace and security.

Keywords: climate change, small island developing states, environmental law, adaptation, loss and damage, climate security