Abstract
Climate change is both an environmental crisis and a driver of inequality, placing geographically disadvantaged and SIDS (Small Island Developing States) on the frontlines as rising seas endanger their territorial integrity and maritime entitlements. The objective of this paper is to critically examine how the legal conception of sovereignty is being reshaped by these challenges, using the case of Tuvalu as a focal point. The relevance of this inquiry lies in examining how interpretations of Article 121 of the United Nations Convention on Law of the Sea, public international law and advisory opinions of international courts engage with debates on sovereignty, its digitisation, climate justice, and legal adaptation. The research relies on secondary sources and employs descriptive and interpretive methods, analysing treaties, declarations, legal jurisprudence and scholarly literature. It explores Tuvalu’s state-preserving strategies in depth, such as the Falepili Union Treaty’s recognition of statehood irrespective of territorial loss, the endorsement of fixed baselines under the Pacific Islands Forum Declaration, and the construction of a digital nation to secure governance and cultural continuity beyond land. The analysis shows that these measures contest the orthodox Westphalian model of statehood by exploring whether sovereignty can endure without physical territory. The findings suggest that recognition of digital sovereignty and fixed maritime entitlements may represent pathways to reduce entrenched climate inequality. The conclusion advanced is that international law must evolve to safeguard the survival of vulnerable developing states, challenging the traditional notion that sovereignty is defined primarily by control over land rather than maritime space.
Presenters
Sonali MukherjeeProject Consultant, Strategy & Transactions, EY LLP, Gujarat, India Abhipsa Upasana Dash
Lecturer, Faculty and Assistant Dean, Jindal Global Law School, O.P Jindal Global University, Haryana, India
Details
Presentation Type
Paper Presentation in a Themed Session
Theme
Human Impacts and Responsibility
KEYWORDS
Small Island Developing States, International Law, Digital Nation, Geographically Disadvantaged
