Communities on a Sinking Vessel: International Law Tools to Protect Individuals and Communities of Small Islands Developing States against the Threats Posed by Sea Level Rise

Abstract

Sea level rise poses a compelling threat to the livelihood and the existence of Small Islands Developing States, which exacerbates the vulnerability of individuals and communities inhabiting these territories. Given the peculiar vulnerable situation that characterize these populations, this research investigates the tools offered by international law to protect individuals and communities of Small Islands Developing States against the threats posed by sea level rise, analysed on the basis of the legal limitations. In particular, the concept of protection will focus on both ensuring safety by eradicating the harm and coping with the harm that has already materialized. The research, concentrating on the legal regimes regulating international climate change law and international human rights law, concludes that the tools offered by international law are not well-equipped to protect individuals and communities by ensuring safety through the eradication of harm. However, more robust legal tools are available for their protection in terms of coping with harm and ensuring accountability. Particular focus will be devoted to tools of protection stemming from climate litigation and the enjoyment of the right to live and self determination.