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June 13, 20260 citationsOpen Access

Submerged Sovereignty: A Critical Analysis of Legal Deterritorialization and the Continuity of Statehood Under Contemporary International Law

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RYRAHUL YADAV

Key Points

  • This paper investigates the impact of climate change on the sovereignty of Small Island Developing States by analyzing legal frameworks.
  • Examines the implications of climate change-induced sea-level rise for statehood and sovereignty.
  • Analyzes key legal precedents and climate advisory opinions from the International Court of Justice.
  • Explores innovative approaches within Pacific statecraft pertaining to sovereignty.
  • Identifies a transition in international law towards a model of continuous sovereignty that does not rely solely on physical territory.
  • Highlights historical legal anomalies that could inform future sovereignty frameworks.
  • Discusses the emerging necessity to prevent statelessness and ensure maritime and human security in affected regions.

Abstract

This research paper examines the existential threat of climate change-induced sea-level rise to the legal statehood and sovereignty of Small Island Developing States (SIDS). Grounded in the Westphalian paradigm, traditional international law binds sovereign authority to physical territory under the Montevideo Convention on the Rights and Duties of States. However, the physical submersion of coastal areas necessitates a shift toward legal de-territorialization. Drawing upon historical anomalies such as the Sovereign Military Order of Malta, recent landmark climate advisory opinions from the International Court of Justice and the International Tribunal for the Law of the Sea, and innovative Pacific statecraft, this paper analyses the emerging presumption of state continuity. It argues that public international law is transitioning to ward a functional, population-centric model of continuous sovereignty to prevent climatic statelessness and safeguard maritime and human security.

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Cite This Study

RAHUL YADAV (2026) studied this question.

synapsesocial.com/papers/6a2cf604faef96ed7f057d46https://doi.org/10.5281/zenodo.20605924
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