Statehood under Water

Alejandra Torres Camprubí, Ph.D. (2014), Universidad Autónoma de Madrid, is Associate Senior Fellow at the Fridjthof Nansen Institute, and Associate at the International Litigation and Arbitration Department of Foley Hoag. She has published articles on climate change justice and climate-induced displacement.

"The greatest strength of this book is its breadth of coverage and the wealth of material that is presented without any loss of depth. It provides a comprehensive summary of the legal issues at play for the disappearing small island community and is in that regard a useful reference point for further research in the field… [T]here is no doubt that Torres Camprubí should be highly praised for this very important contribution to scholarship. [The book] can be confidently recommended to any scholars, negotiators and policy-makers (including human rights specialists) with an interest in preparing the international legal system for the consequences of climate change.”- Emma Allen, University of Keele Law School

• FOREWORD BY PROF. DAVID FREESTONEPROLOGUE BY PROF. CARLOS ESPÓSITO MASSICCIACKNOWLEDGMENTSLIST OF RELEVANT INTERNATIONAL INSTRUMENTS AND NATIONAL LEGISLATIONLIST OF CASESLIST OF ACRONYMSLIST OF FIGURES INTRODUCTION: THE LAW ON STATEHOOD IN THE ANTHROPOCENE0.1. ‘Statehood under Water’: An Allegory of the Law on Statehood in the Anthropocene 0.2. Oscillation of the Law on Statehood: Between Stability and Flexibility 0.3. Changing Scales: From Climate Change to the Recognition of the AnthropoceneCHAPTER 1: THE CHALLENGE OF DE-TERRITORIALISATION1.0. Introduction1.1. Territorialisation of Nationhood: Fundamental Factor in the Creation of States 1.1.1. The Meaning of Territory at the Inception of the Modern European StateA. From Feudal Allegiance to the Westphalian Principle of Territorial SovereigntyB. Pre-Charter Theories on the Legal Nature of State Territory1.1.2. The Meaning of Territory in the Creation of Post-Colonial Pacific Island StatesA. Decolonisation and the Creation of Pacific Island StatesB. Newly Independent Micro-States in the United Nations 1.2. Partial De-territorialisation: Maritime Spaces in Jeopardy 1.2.1. Effects of Coastal Geographical Changes on Maritime RightsA. Sea-Level Rise and Undelimited Maritime Boundaries B. Sea-Level Rise and Maritime Delimitation Agreements 1.2.2. Reactions to the Loss of Maritime SpacesA. Protecting the Coasts B. ‘Freezing’ the Baselines 1.3. Total De-territorialisation: From State Continuity to New Forms of Subjectivity1.3.1. Applying New Strategies: ‘Re-territorialisation’ A. Cession or Purchase of Land from another StateB. Merger with another State1.3.2. Coining a New Category: De-territorialised Pacific Island StatesA. The Holy See and the Order of Malta: Existing Forms of ‘Non-State Sovereign Entities’B. Towards the Recognition of ‘Water States’?1.4. ConclusionsCHAPTER 2: THE CHALLENGE OF DE-POPULATION 2.0. Introduction2.1. The Facts: Climate-Induced Relocation in and among Pacific Island States 2.1.1. Regional Homogeneity of Preventive Relocation ActionsA. Common VulnerabilitiesB. Common Responses2.1.2. Regional Heterogeneity of Reactive Relocation Actions A. Different ScenariosB. Differential Factors2.2. The Proposal: a Multi-layered Legal Scheme for Climate-Induced Relocation2.2.1. Assessment of the Existing Approaches to Climate-Induced RelocationA. Relevant Diagnosis and Legal Regimes AnalysedB. Limits of the Solutions Proposed2.2.2. Proposal of a New Integrative and Pluralistic ApproachA. Widening the Spectrum of Applicable Legal Regimes B. (Re)-Introducing the Role of the State2.3. Possible Scenarios: Applying the Multi-layered Legal Scheme2.3.1. Safe Statehood: National RelocationsA. Legal Framework of the Preventive PhaseB. Legal Framework of the Reactive Phase 2.3.2. Endangered Statehood: Transnational RelocationsA. Legal Framework of Ongoing Partial De-population B. Legal Framework of Prospective Total De-population 2.4. ConclusionsCHAPTER 3: THE CHALLENGE OF GOVERNMENTAL FAILURE 3.0. Introduction3.1. The National Challenge: Impacts on Pacific Islands’ Domestic Governmental Capacity3.1.1. Partial De-territorialisation and De-population: From ‘Vulnerable’ to ‘Failed’ States’?A. Controversial Labels: ‘Failing’, ‘Failed’, or ‘Collapsed’ States B. Controversial Assumption: from ‘Failed State’ to ‘Extinct Statehood’?3.1.2. Total De-territorialisation and De-population: Pacific Islands’ Governments in Exile A. Traditional Forms of Governments in ExileB. Climate-Induced Governments in Exile3.2. The International Challenge: Impacts on Pacific Islands’ Capacity to Maintain International Relations 3.2.1. Pacific Island States in the International CommunityA. General Active Participation in International LifeB. Launch of the Climate Change and International Security Discourse3.2.2. The International Community and Pacific Island States A. Creation of Pacific Island States: Past Reflection of the De-colonisation MovementB. Extinction of Pacific Island States: Future Reflection of the Limits to Growth3.3. Exploring Normative Grounds for the Continuity of Pacific Islands States3.3.1. Remedies for Climate Change Loss and DamageA. Principal Remedy: Economic Compensation B. Subsidiary Remedy: Recognition of State Continuity or New Forms of International Political Support3.3.2. Grounds of Legitimacy for the Continuity of Pacific Island StatesA. The Wider Context: A Global, Southern and Post-Colonial IssueB. The Turn to the Peoples: Self-Determination and the Future of Pacific Island States3.4. Conclusions4. CONCLUSIONSBIBLIOGRAPHYINDEX