Three Reconstructions of ‘Effectiveness’: Some Implications for State Continuity and Sea-level Rise

Alex Green

doi:10.1093/ojls/gqae003

Three Reconstructions of ‘Effectiveness’: Some Implications for State Continuity and Sea-level Rise

Alex Green

Law

Research output: Contribution to journal › Article › peer-review

Abstract

Small Island Developing States (SIDS) are uniquely threatened by rising sea-levels. The retreat of their coastlines not only places them in danger of losing maritime territory but the concurrent possibility of their landmasses becoming either uninhabitable or completely submerged also threatens their very existence. According to one understanding of the law that governs the continuity and extinction of states, political communities that permanently lose ‘effectiveness’ – typically understood as sufficient governmental control of a relatively determinate territory with a permanent population – must lose their statehood as well. In this paper, I provide three reconstructions of effectiveness, each of which rests upon a different normative rationale. My contention is that, regardless of which reconstruction one adopts, the continuity of submerged SIDS is eminently supportable, notwithstanding the arguments frequently made in favour of their formal extinction.

Original language	English
Article number	gqae003
Number of pages	35
Journal	Oxford Journal of Legal Studies
Early online date	21 Feb 2024
DOIs	https://doi.org/10.1093/ojls/gqae003
Publication status	E-pub ahead of print - 21 Feb 2024

Bibliographical note

Keywords

statehood
state continuity
Small Island Developing States
sea-level rise
public international law

Access to Document

10.1093/ojls/gqae003Licence: CC BY

Three Reconstructions of ‘Effectiveness’: Some Implications for State Continuity and Sea-level Rise
© The Author(s) 2024
Final published version, 1.04 MBLicence: CC BY

Cite this

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abstract = "Small Island Developing States (SIDS) are uniquely threatened by rising sea-levels. The retreat of their coastlines not only places them in danger of losing maritime territory but the concurrent possibility of their landmasses becoming either uninhabitable or completely submerged also threatens their very existence. According to one understanding of the law that governs the continuity and extinction of states, political communities that permanently lose {\textquoteleft}effectiveness{\textquoteright} – typically understood as sufficient governmental control of a relatively determinate territory with a permanent population – must lose their statehood as well. In this paper, I provide three reconstructions of effectiveness, each of which rests upon a different normative rationale. My contention is that, regardless of which reconstruction one adopts, the continuity of submerged SIDS is eminently supportable, notwithstanding the arguments frequently made in favour of their formal extinction.",

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