What happens under international law if a state perishes due to rising sea levels without a successor state being created? Will the state cease to exist? What would this mean for its population? Have international law and globalization progressed enough to protect the people thus affected, or does international law still depend on the territorial state when it comes to protecting entire populations?
Exploring these issues, this book provides answers to these pressing questions. Focusing on small island states as actors in the international community, it evaluates the challenges that the state as a subject of international law faces in general from globalization and humanization, and what this means for small island states threatened by rising seas. Highlighting the experience of the indigenous peoples of small island states as collectives, and to the individuals living in these states, the book addresses fundamental questions of general state theory and international law, drawing on an extensive body of source material.
As rising sea levels present an increasingly pressing threat to small island states, this book highlights the importance of international protection of the individual and the capacity of international organizations to act within existing international law. It identifies pressing problems where immediate action is required and argues that, in future, the responsibility for protecting individuals could shift to the international community, if a sinking island state can no longer protect its population on its own.
By:
Carolin König
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions:
Height: 234mm,
Width: 156mm,
Weight: 662g
ISBN: 9781032204420
ISBN 10: 1032204427
Series: Routledge Research in International Law
Pages: 262
Publication Date: 30 December 2022
Audience:
College/higher education
,
Professional and scholarly
,
Primary
,
Undergraduate
Format: Hardback
Publisher's Status: Active
"A. Introduction A Brief Overview of the Science Behind Climate-Change-Induced Rising Sea Levels Small Island States, the Rising Seas, and the International Community The Rising Seas and International Law – Open Questions and How to Find Answers B. What does an Entity Need to Qualify as a State? – or What it Takes to be a State C. When does a State Cease to Exist? – or What it Takes Not to be a State Anymore Loss of Territory Criterion ""A Defined Territory"" Endangered by the Rising Seas? Statehood Endangered by the Loss of ""A Defined Territory""? Examples of Rights and Duties Associated with Sovereignty Sovereign Action on Foreign Territory a) Cases of Interventionist Actions on Foreign Territory b) Cases of Tolerated Actions on Foreign Territory c) Limitations on Action on Foreign Territory as a Consequence Other Forms of Sovereignty Conclusion Examples of ""Statehood"" without Territory Non-Territorial Unions Sovereign Subjects of International Law without Territory States that Temporarily Lost their Territory Virtual States Conclusion States’ Considerations with Regard to Potential Loss of Territory Conclusion Loss of Population Concluding Thoughts on What it Takes Not to be a State Anymore D. What it Means to be a State – the Emergence of the Modern State and its Significance Today Rights of a Modern State Challenges for the Contemporary Concept of a State Humanization – the Increasing Importance of the Individual Globalization – the Decreasing Importance of Territory? Concluding Thoughts on What it Means to be a State E. What it Means Not to be a State Anymore – the Consequences of the Loss of Statehood for the State’s Population and the International Community Loss of Statehood and its Effects on the Respective Populations - Individual and Collective Dimension Nationality and Why Having a State is (Still) Important for the Protection of Human Rights Emerging Infringements on the Human Rights of (Indigenous) Peoples from Small Island States due to Rising Sea Levels Collective Dimension of Human Rights Infringements due to Climate Change Conclusion Loss of Statehood - Triggering a Responsibility of the International Community? Human Rights Approach Responsibility that Comes with Solidarity Responsibility to Protect Causal Responsibility Responsibility of the One Able to Respond Conclusion Concluding Thoughts on What it Means Not to be a State Anymore F. Closing Remarks"
Carolin König works as a lawyer in a law firm specializing in energy law. Her personal focus is on international law and the climate policy aspects of energy law. She studied law at the Ludwig-Maximilians-University of Munich and the Katholieke Universiteit Leuven and holds a PhD in international law. She was a research assistant at the Institute for International Law with a focus on International Human Rights Protection at the University of the German Armed Forces in Munich. She also gained professional experience at the German Foreign Office, in various law firms, including in the field of asylum law, and as legal advisor to the Permanent Mission of the Maldives to the United Nations.
