The island nation of Tuvalu may lose its "state" status if it loses its territory due to climate change.

The possibility that the island nation of Tuvalu in the Pacific will lose all its land due to climate change and be submerged within 100 years threatens the country's "state status" from an international law perspective.

Comprising 9 coral islands in the Pacific Ocean and having a population of over 11,000, Tuvalu is on the brink of being submerged due to climate change. Scientists predict that by 2100, 95% of the country's land will be underwater due to tidal effects.

In response to this risk, the Tuvalu government has turned to the "Digital Nation" project to protect the country's beauty, culture, and the legal rights of its citizens for future generations. In this context, Tuvalu is transferring everything from its buildings to its natural beauties into the digital realm and is essentially building a new country in the virtual world, the "metaverse."

In addition to securing its borders in the virtual world, Tuvalu is also working to create digital passports to enable the government to continue its activities. These passports allow citizens to perform many official transactions digitally, such as participating in elections and referendums, and registering births, deaths, and marriages.

DIGITAL NATION

This initiative was first announced by Tuvalu's Foreign Minister Simon Kofe at the 27th Conference of the Parties (COP27) to the United Nations Framework Convention on Climate Change held in Egypt in 2022 under the name "Digital Nation." The "Digital Nation" project aims not only to create a virtual copy of the islands but also to back up the country's cultural heritage.

Kofe, in a statement made in 2023, called on citizens to send their most valuable belongings and stories composed of emotional elements, festival dances, their children's voices, and memories to create an archive designed to carry "the spirit of Tuvalu."

THE WORLD'S FIRST AGREEMENT ON CLIMATE CHANGE-RELATED MIGRATION

There is also an agreement regarding where citizens would live if Tuvalu loses its land.

The Australia-Tuvalu Falepili Union agreement constitutes the world's first document on climate change-related migration. The "dignified mobility" clause in the agreement allows the people of Tuvalu to gradually migrate to Australia.

This situation raises questions about how the Tuvalu administration, which aims to maintain its existence in the digital realm, can protect its authority and sovereignty on the territory of another country.

Moreover, Tuvalu is also at risk of losing its status as a recognized state under international law due to the loss of its land. According to international law, one of the conditions for being a state is to have "defined territories." In this context, the government is calling on countries to recognize Tuvalu as a state even if it loses its land due to climate change.

Professor Guy S. Goodwin-Gill from the University of Oxford and Professor Donald Rothwell from the Australian National University provided evaluations to AA correspondent regarding the future of Tuvalu, which aims to maintain its existence digitally.

"THE LEGAL STATUS OF THE COUNTRY WILL BE AFFECTED BY THE APPROACH OF OTHER STATES"

Professor Guy S. Goodwin-Gill stated that the end of the existence of a country recognized as a "state" will depend on the approach of other countries.

Goodwin-Gill said, "If a region becomes uninhabitable, people may move to another country. At this point, the legal status of the country is influenced by the approach of other states."

He noted that there is currently no international legal framework defining the existence of a "digital country," but digitalization is becoming increasingly widespread. Goodwin-Gill stated, "Digitalization is becoming more prevalent as part of collective identity. Therefore, I think that especially states will increasingly recognize digitalization."

Goodwin-Gill added, "Australia offered to evacuate Tuvaluans who will be submerged and grant them citizenship. However, this is not sufficient for the people of Tuvalu because they want to preserve their identity and self-govern."

UNCERTAINTY OF STATUS FOR TUVALU CITIZENS IN AUSTRALIA

Goodwin-Gill pointed out that it is still unknown whether Tuvalu citizens will continue to exist in Australia as "autonomous" entities. He stated, "How will Tuvalu continue to exist under the laws of another country and government, and how will issues be resolved where these two governments conflict, is still unknown."

He emphasized that everyone living in Australia is subject to the laws of the country and that an agreement must be reached between Australian and Tuvalu citizens on issues such as divorce, child custody, property rights, death, and illness.

Goodwin-Gill indicated that the uncertainty regarding the legal status of Tuvalu citizens in Australia after potential migration will be clarified as a result of negotiations between the parties. He explained that the "2023 Declaration on the Continuity of States and the Protection of Persons Against Climate Change-Induced Sea Level Rise," signed by member countries of the Pacific Islands Forum, protects the rights of displaced persons due to climate change. Goodwin-Gill stated that states facing the threat of submersion are protected by international law and emphasized that this declaration has made the issues of countries at risk of extinction due to climate change more visible.

TUVALU MAY SET A PRECEDENT

Goodwin-Gill noted that there are many questions and concerns regarding this issue, stating, "Tuvalu serves as an example that other countries may follow in the future."Sure, here is the translated text while preserving the original HTML structure and translating the `title` and `alt` attributes of the `img` tag:



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IT IS CURRENTLY DIFFICULT TO FIND A SOLUTION FROM THE PERSPECTIVE OF INTERNATIONAL LAW

Rothwell also reminded that according to international law, a state must have "defined territories, a permanent population, a government, and the capacity to enter into international relations," pointing out that there are historical examples of states disintegrating or changing borders due to various events, including wars and conflicts.

Rothwell noted that there has been no experience of a state losing its territory due to climate change, but there are historical examples of a state losing its territory due to natural disasters such as earthquakes leading to glacial melting or volcanic activities, and he also addressed the challenges of maintaining the sovereignty and authority of the country through another sovereign state after the possible migration of the people of Tuvalu to Australia.

Rothwell, referring to Tuvalu's "Digital Nation" project, stated, "(Tuvalu) has a population smaller than that of towns in Australia or Turkey, and even some villages. Therefore, transferring all state records to a digital environment is not as significant an issue for a small population as it is for larger countries like Turkey or Australia."

Additionally, Rothwell compared the conduct of government affairs in a digital environment to the operations of multinational companies.

Regarding the status of Tuvalu in the event of losing its territory, Rothwell stated, "We are far from resolving this issue from the perspective of international law for all states, including the permanent members of the United Nations Security Council (UNSC)."