Welcome to the digital.law repository at the University of Washington

[26WashIntlLJ307] No Port, No Passport: Why Submerged States Can Have No Nationals

Show simple item record

dc.contributor.author Simon, Jonathan
dc.contributor.author Alexander, Heather
dc.date.accessioned 2017-05-18T14:49:20Z
dc.date.available 2017-05-18T14:49:20Z
dc.date.issued 2017-04
dc.identifier.citation Heather Alexander & Jonathan Simon, No Port, No Passport: Why Submerged States Can Have No Nationals, 26. WASH. INT’L. L. J. 307 (2017). en_US
dc.identifier.issn 2377-0872
dc.identifier.uri http://hdl.handle.net/1773.1/1680
dc.description Washington International Law Journal, Volume 26, Number 2, April 2017 en_US
dc.description.abstract Abstract: Territorial loss owing to sea level rise presents novel challenges to the international legal order. Nowhere is this clearer than in the case of small island states like the Maldives, Tuvalu and Kiribati, whose very existence is in jeopardy. In our recent article, Sinking Into Statelessness, we argue that the principle of presumption of continuity of state existence does not ensure that sinking states shall, or may, retain their legal statehood, because that principle cannot overrule the fact that territoriality is a constitutive feature of legal statehood. Here, we argue that even if, contra our previous conclusion, submerged states retain their legal statehood, territory is nevertheless necessary in order for a state to confer nationality in the sense of the 1954 Convention Relating to the Status of Stateless Persons; that is, for a state to consider someone a national under the operation of its law. In consequence, even granting that a submerged state could exist and have members, its members would need nationality in another state in order to avoid de jure statelessness. To establish this claim, we will argue that for a state to consider someone a national under the operation of its law, that state must be capable of complying with the duty to readmit nationals when requested to do so by another state, which requires habitable territory. en_US
dc.language
dc.language.iso en_US en_US
dc.publisher Washington International Law Journal Association, University of Washington School of Law, Seattle, Washington en_US
dc.subject Article en_US
dc.title [26WashIntlLJ307] No Port, No Passport: Why Submerged States Can Have No Nationals en_US
dc.title.alternative No Port, No Passport: Why Submerged States Can Have No Nationals en_US
dc.type Article en_US
dc.rights.holder Compilation © 2017 Washington International Law Journal Association en_US


Files in this item

This item appears in the following Collection(s)

Show simple item record

Search digital.law


Advanced Search

Browse

My Account