Rising seas may erase land, but not national identity, legal experts say

Nations facing submersion from rising seas could retain their legal status and maritime rights under international law, according to a new report from the United Nations’ International Law Commission.

Isabella Kaminski reports for The Guardian.

In short:

• The UN’s International Law Commission concluded that countries can maintain statehood and maritime boundaries even if their land disappears due to sea level rise, preserving access to natural resources and political recognition.
• Island nations like Tuvalu are already experiencing land loss and saline intrusion, forcing governments to seek legal recognition, adaptation aid, and migration pathways for citizens.
• Australia and Latvia have formally committed to recognizing the sovereignty and maritime claims of Tuvalu, even if its territory becomes uninhabitable, setting a precedent for future international agreements.

Why this matters:

Rising sea levels are already reshaping coastlines and endangering freshwater supplies in island nations. As ice sheets melt and oceans expand, small island states face the loss of territory, homes, and even the legal frameworks that define their sovereignty. Without clear rules, disappearing land could mean disappearing rights, from fishing grounds to diplomatic recognition. This creates a volatile mix of legal ambiguity, human displacement, and geopolitical tension. The fossil fuel emissions driving these changes come mostly from wealthy nations, but the consequences are landing hardest on communities with the fewest resources. Legal recognition of statehood despite physical loss offers a safeguard, but not a solution, for countries already on the front lines.

Related: Despite rising seas, these resilient islands are not disappearing