Climate change and migration 2012, para. 67

Paragraph
Paragraph text
To date, the international legal framework appears to be largely inadequate to address such a situation. The first article of the Montevideo Convention on the Rights and Duties of States requires that a State possess four elements: a permanent population; a defined territory; a government; and a capacity to enter into relations with other States. Yet, a legal issue that remains unresolved is the status of the State after the disappearance of one of the elements established by the Montevideo Convention. Furthermore, although international law provides that a State may become extinct under certain circumstances such as absorption, merger and voluntary or involuntary dissolution, the situation of a State abandoned by its population due to the effects of climate change is simply so new that no clear international legal framework appears to apply.
Legal status
Non-negotiated soft law
Body
Special Rapporteur on the human rights of migrants
Document type
Special Procedures' report
Means of adoption
N.A.
Topic(s)
  • Environment
  • Governance & Rule of Law
Person(s) affected
  • N.A.
Year
2012
Paragraph type
Other
Paragraph number
67