Climate change, deterritorialized sovereignty, and digital? State continuity: reflections on the Pacific small island developing States

Abstract

Small Island Developing States in the Pacific are addressing unprecedented challenges. Indeed, these are states especially vulnerable to the consequences of climate change in general, and the progressive rise in sea level in particular. Currently, several of these states are even facing the possibility that their territories could be partially or totally submerged permanently. The physical disappearance of a state’s territory also raises profound questions in the realm of the theory of subjects in international law. In this context, this paper aims to contribute to the debate on the response that contemporary international law should provide to these questions. In particular, starting from the presumption of the continuity of the state, this paper will analyze how legal support might be provided for adopting solutions that, based on the notion of deterritorialized sovereignty, would allow its preservation.