The implications for the legal standing of countries that entirely submerge due to the loss of their land

The International Court of Justice (ICJ) has issued an advisory opinion on the obligations of states in respect of climate change, shedding light on the future statehood of small island nations threatened by rising seas and other climate-related threats.

The opinion acknowledges that climate change could potentially threaten the existence of small islands and low-lying coastal states. This recognition is significant, as it underscores the unique challenges these nations face in the face of a changing climate.

One of the key takeaways from the opinion is the flexibility it extends to the situation of sinking island nations. Some of the court's judges interpreted this statement as allowing a state to retain its legal existence even if it disappears beneath rising seas. However, it's important to note that the opinion does not explicitly confirm that the flexibility of the term "statehood" can be stretched so far as to mean a state can exist even if completely submerged under the seas.

The opinion points to flexibility, but it avoids the definitive statement that many vulnerable nations had hoped for. This leaves the legal future of sinking islands uncertain, raising complex considerations such as potential loss of territory due to submersion or displacement, requiring international cooperation, legal frameworks for state continuity or succession, and recognition of environmental displacement under international law.

These efforts often include expert consultations, governmental cooperation, and exploring concrete policy options to address sovereignty, citizenship, and territorial rights in the face of climate threats.

Some island nations are already taking proactive measures to secure their future. For instance, Tuvalu has begun digitising itself, moving its government services online and recreating its land and culture virtually, with the aim of continuing to exist as a state even when climate change forces its population into exile and rising seas have done away with its land, making it the world's first digital nation.

In the Maldives, engineering solutions such as raising island heights artificially and initiatives like the Rising Nations Initiative are being tested to safeguard the sovereignty of Pacific island nations in the face of climate threats.

The future status of these nations as "states" matters because their populations will lose their homes, sources of income, way of life, identity, culture, heritage, and communities. The ICJ's advisory opinion is relevant to the Pacific Islands region and the SDG 14 (Oceans), emphasizing the need for global action to address climate change and its impacts on vulnerable nations.

It's worth noting that international law recognizes that once a state is established, it continues to exist even if some of the elements of statehood are compromised. For instance, failed states like Somalia or Yemen are still regarded as states despite lacking an effective government.

Small island nations such as Tuvalu, Kiribati, the Maldives, and Marshall Islands are particularly vulnerable to climate change. To address this, Australia has committed to accepting Tuvaluan citizens who seek to emigrate and start their lives afresh on safer ground.

The ICJ concluded that the disappearance of one of a state's constituent elements would not necessarily entail the loss of its statehood. This decision is related to policy and finance, and water security, and discusses topics such as adaptation, water security, sea-level rise, livelihoods, Indigenous peoples, and loss and damage.

In conclusion, the ICJ's advisory opinion provides a foundation for discussion and action on the future statehood of small island nations threatened by climate change. It underscores the need for international cooperation, legal frameworks, and policy solutions to address the unique challenges these nations face in the face of a changing climate.

The implications for the legal standing of countries that entirely submerge due to the loss of their land