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Small Island States & International Law: The Challenge of Rising Seas [Hardback]

  • Formāts: Hardback, 262 pages, height x width: 234x156 mm, weight: 453 g
  • Sērija : Routledge Research in International Law
  • Izdošanas datums: 30-Dec-2022
  • Izdevniecība: Routledge
  • ISBN-10: 1032204427
  • ISBN-13: 9781032204420
  • Hardback
  • Cena: 171,76 €
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  • Formāts: Hardback, 262 pages, height x width: 234x156 mm, weight: 453 g
  • Sērija : Routledge Research in International Law
  • Izdošanas datums: 30-Dec-2022
  • Izdevniecība: Routledge
  • ISBN-10: 1032204427
  • ISBN-13: 9781032204420
"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 enoughto 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 ofsource 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 existinginternational 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"--

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



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.

Acknowledgments x
1 Introduction
1(23)
A brief overview of the science behind climate change-induced rising sea levels
3(3)
Small island States, the rising seas, and the international community
6(6)
The rising seas and international law - open questions and how to find answers
12(3)
Notes
15(9)
2 What does an entity need to qualify as a State? - or what it takes to be a State
24(7)
Notes
27(4)
3 When does a State cease to exist? - or what it takes not to be a State anymore
31(68)
Loss of territory
32(32)
Criterion of "a defined territory" endangered by the rising seas?
33(3)
Statehood endangered by the loss of "a defined territory"?
36(2)
Examples of rights and duties associated with sovereignty
38(8)
Examples of "statehood" without territory
46(10)
States' considerations with regard to potential loss of territory
56(6)
Conclusion
62(2)
Loss of population
64(4)
Concluding thoughts on what it takes not to be a State anymore
68(4)
Notes
72(27)
4 What it means to be a State - the emergence of the modern State and its significance today
99(59)
Rights of a modern State
100(2)
Challenges for the contemporary concept of a State
102(26)
Humanization -- the increasing importance of the individual
105(9)
Globalization - the decreasing importance of territory?
114(14)
Concluding thoughts on what it means to be a State
128(5)
Notes
133(25)
5 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
158(85)
Loss of statehood and its effects on the respective populations - individual and collective dimension
159(12)
Nationality and why having a State is (still) important for the protection of human rights
160(5)
Emerging infringements on the human rights of (indigenous) peoples from small island States due to rising sea levels
165(1)
Collective dimension of human rights infringements due to climate change
166(3)
Conclusion
169(2)
Loss of statehood- triggering a responsibility of the international community?
171(33)
Human rights approach
172(3)
Responsibility that comes with solidarity
175(4)
Responsibility to protect
179(5)
Causal responsibility
184(7)
Responsibility of the one able to respond
191(7)
Conclusion
198(6)
Concluding thoughts on what it means not to be a State anymore
204(5)
Notes
209(34)
6 Closing remarks
243(14)
Notes
252(5)
Index 257
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.