De-territorialized States Within The Framework Of Public International Law

 By: Dr. Hawraa Qasim Fanoos and Dr. Mustafa Salim Abed

Abstract:

one of the most important consequences of climate change is the rise in sea levels, which leads to the drowning of some low-lying island states, which leads to them losing the elements of statehood and thus affecting their status as a state, this resulted in several proposals made by the jurisprudence of international law to solve this issue, perhaps the most important of which is the idea of the government in exile, and the proposal to continue recognition of submerged countries, in a way that makes it possible to talk about a new concept of states represented by deterritorialized states, all of which are ultimately proposals that contain great difficulties that hinder their implementation in reality.

Keywords- Climate change, Submerged states, The government in exile, Continuing recognition

Introduction:

In a world characterized by continuous development, countries are constantly exposed

to new threats, some of which have existential dimensions, and climate change is one of them and is also a phenomenon that raises complex issues for international law to deal with, given the rise in sea level caused by the phenomenon of global warming caused by global warming, and one of the most important consequences of global warming is global warming causing sea level rise. As rising temperatures cause ice to melt at the Earth's poles, causing rising water levels in the seas and then drowning the world's lowlands, it is expected that a certain number of island states with a height of only a few meters will sink underwater and disappear at the end of the twenty-first century.

Thus, since the territory is one of the most important constituent elements of the State as a subject of public international law, this future scenario raises many issues, since the modern world has not experienced the complete physical disappearance of the territory of the entire State, and one of the most prominent problems raised by climate change is that of the situation of submerged States, which lose their territory or other elements necessary for their establishment. Is it possible to continue talking about the existence of a state? If so, in what form? This is what we will try to highlight in this research, by dividing it into two sections, the first of which deals with the concept of deterritorialized states by exposure to the traditional concept of the state as a necessary introduction to talk about the possibility of the disappearance of the state., and then we address recognition as an additional element through which the submerged state can continue to exist as an international legal person, in an attempt to talk about the possibility of reaching a modern concept of the state within the framework of public international law, which will be the subject of the second section of this research, and therefore this study aims to analyze the impact of climate change on the situation of island states, and to analyze and discuss possible legal ways to ensure that these states can continue, In order to achieve this goal, the following questions should be answered: Does the loss of elements of the State due to climate change lead to the termination of their existence as a subject of public international law? What are the possible solutions to preserve the state of these entities in the traditional sense and in a new, non-regional sense?