The Atlantis Problem: Statehood Continuity and Climate-Induced Territorial Loss

Abstract

The mythic nation of “Atlantis” has long captured humanity’s collective imagination – a civilisation reclaimed by the indifferent march of the sea.^[1] As observed by Abhimanyu George Jain, several “low-lying, small island states” such as the Maldives, Tuvalu and Nauru face a similar threat, as a consequence of man-made climate change.^[2] The adversities faced by such states highlight a considerable injustice, especially when you consider that such states have made relatively minor contributions to the climate crisis.^[3] In the next 50-100 years, many such states could become entirely submerged.^[4] Drawing from Jain’s influential work, this article will refer to the at-risk small island states as ‘Atlantis States’.

This article examines the implications of such territorial loss in international law, with reference to the concept of statehood and maritime zones. It will also refer to existing treaty and customary law, including the Montevideo Convention. Furthermore, it argues that international law must, as a moral imperative, continue to recognise the existence of submerged states.

[1]Abhimanyu George Jain, ‘The 21^st Century Atlantis: The International Law of Statehood and Climate Change-Induced Loss of Territory’ (2014) 50(1) Stanford Journal of International Law 1, at 3.

[2] ibid

[3] Abhimanyu George Jain (n2).

[4] Abhimanyu George Jain (n2).