Climate Change and International Law: Statehood, PSNR, Climate Refugees & Rising Sea Levels

There is an urgent need to update the international legal frameworks, as rising sea levels and global warming challenge the long-standing definitions of statehood, sovereignty, and human rights.

Permanent Sovereignty over Natural Resources (PSNR)

• Definition and Origin: Adopted by the UN General Assembly in 1962, PSNR established that a nation has the exclusive right to all resources on and under its land, such as coal, oil, and gas. 
  • This was essential for post-colonial developing nations to achieve financial independence.
• The Conflict with Climate Goals: Experts propose a Fossil Fuel Non-Proliferation Treaty to limit global warming to 1.5°C by restricting the extraction of coal, oil and gas.
• Impact on Developing Nations: Countries such as India and many African nations argue that developed countries used fossil fuels for over two centuries to achieve prosperity, and a forced phase-out now could constrain the development and poverty-alleviation efforts of developing nations.
• Proposed Solution: Developing countries may consider limiting their Permanent Sovereignty over Natural Resources (PSNR) only if developed nations fulfil key obligations, i.e., provide substantial climate finance and ensure the free or affordable transfer of green technologies.

The Crisis of Statehood and the 1933 Montevideo Convention

• Criteria for Statehood: According to the 1933 Montevideo Convention, a state requires four elements: 
  • a fixed territory, 
  • a permanent population, 
  • a government, and 
  • the capacity for international relations.
• Existential Threat: As island nations like the Maldives and Tuvalu sink due to rising sea levels, they risk losing their fixed territory, which could legally end their status as states.
• Legal Perspectives on Survival:
  • The International Court of Justice (ICJ) has issued an advisory opinion stating that once a state is established, the loss of one element (like territory) does not automatically terminate its statehood.
  • Expert James Crawford noted that while territory is required, international law does not specify a minimum size, meaning a state could technically persist even if only a tiny portion of land remains above water.

Maritime Law and Economic Zone Shrinkage

• The EEZ Problem: Under current maritime law, a nation’s Exclusive Economic Zone (EEZ) extends 200 nautical miles from its coast.
• Loss of Resources: As sea levels rise and coastlines recede, the starting point for the 200-mile limit also moves backwards. 
  • This causes island nations to lose access to vast maritime areas and the resources, such as fish, located within them

The Status of Climate Refugees

• Legal Gap: The 1951 Refugee Convention does not currently recognise people displaced by climate change as refugees.
• Need for Protection: Without a formal legal status, those forced to leave uninhabitable lands lack the international protections and relief afforded to other types of refugees.

Way Forward

• Redefining Statehood: International law must recognise the continued legal identity of nations even if rising sea levels lead to the loss of their physical territory.
• Modernising Maritime Law: The United Nations Convention on the Law of the Sea (UNCLOS) needs updating to safeguard the maritime rights and boundaries of nations facing coastal submergence.
• Reforming Refugee Laws: Global legal frameworks should expand protection mechanisms to recognise and support people displaced due to climate change.

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Conclusion

The climate crisis demands a shift in international law to balance state sovereignty with global environmental responsibility.

• Strengthening legal frameworks will be crucial to protect vulnerable nations and ensure equitable climate governance.