A Threat of State Extinction: The Plight of Small Island Developing States Amid a Changing Climate and Sea-level Rise

Climate change and rising sea levels are triggering a quest for survival for Small Island Developing States (SIDS) worldwide. SIDS, such as the Republic of Kiribati and the Marshall Islands, are experiencing the threat of rising sea levels coupled with the other side effects of this phenomenon, including food insecurity due to groundwater salinification, and scarce access to freshwater sources. If SIDS become uninhabitable or submerged as a result of rising sea levels, it may affect the legal basis of these states to maintain statehood. State extinction due to climate change may be an eventuality we could see within this century as SIDS become uninhabitable or submerged. This article considers the criteria for statehood and examines the question as to whether a SIDS may become extinct under international law because of climate change. It is argued that under current international law, statehood cannot continue without a population or natural territory. Although there is a presumption of state continuity under international law, this only remedies the temporary absence of an essential criterion of statehood. With the effects of climate change being experienced by SIDS, the absence of one or more of the criteria of statehood would be permanent. This article considers how international law could be developed to enable SIDS to retain their statehood notwithstanding the consequences of climate change and sea-level rise.