სახელმწიფოები ტერიტორიის გარეშე - კლიმატის ცვლილებით გამოწვეული ახალი საერთაშორისო სამართლებრივი რეალობა?

Abstract

International law does not recognize a case where a state, as a subject of international law, ceased to exist without a legal successor. Is the international law capable of protecting the state from its complete disappearance? Answering to this question is the main purpose of the paper before.
One of the most notable consequences of the climate change is the sea level rise, which, according to existing studies, will rise by approximately 1 meter by 2100. An increase in this volume of water level is directly connected to the loss of land area, which, at least for the Marshall Islands, the Maldives, the Republic of Kiribati or Tuvalu, poses a real threat of losing statehood.
What does statehood mean under international law, and what is the fate of this institution after the state territory is entirely covered by water? Is it possible for a state to exist without a territory, and is there any levers in international law that makes the maintenance of the statehood real in this situation?
Based on the analysis of existing international legal norms and practices, the paper before considers the practical and legal consequences of the processes caused by the loss of land area due to rising sea levels and provides alternative possibilities for conservation of the statehood without the state territory.