It is worth noting that international law has long sought to better accommodate the loss
and expansion of territory, which can occur through various means, including natural
events (Rothwell, 2022). According to the same author “while international law assumes
the continuity of States, state- hood may be extinguished under a number of
circumstances and a State may no longer exist and enjoy sovereignty over territory”
(Rothwell, 2022: pp. 243-244). The possibility of losing territory, and even of some states
disappearing, leads us to reflect on the absolute necessity of the territorial requirement
for the existence of a state, or whether there can be a deterritorialised state.
The question of a state disappearing is not necessarily a new one, in fact perhaps one of
the best examples of the disappearance of a state is the myth of Atlantis. It's not certain
that Atlantis ever existed, but as we've been saying, a very similar fate hangs over
several island states. In the next 50 to 100 years it is possible that countries like Nauru,
Kiribati, the Maldives or Tuvalu will disappear completely beneath the waves of the sea.
Furthermore, there are real examples of the extinction of states, and this process has
usually occurred by “the disappearance of sovereign political power, or by incorporation
into another state, or by conventional merger, or by division of its territory into new
sovereign states” (Pereira & Quadros, 1997: p.334), examples include the incorporation
of the German Democratic Republic into the German Federal Republic, the conventional
merger of Tanganyika and Zanzibar to form Tanzania, and the dissolution of the USSR.
In this sense, perhaps the novelty lies in the fact that the extinction of a state due to loss
of territory as a result of natural disasters may increasingly be a reality. Therefore, and
given the current international legal and regulatory framework, one possibility for their
future may lie in the mechanisms of state succession.
The succession of states can be understood, along the lines of the Vienna Conventions
on the Succession of States in the Matter of Treaties and the Vienna Convention on the
Succession of States in the Matter of Property, Archives and State Debts, as ‘the
substitution of one state for another in the responsibility for the international relations of
a territory’ (Pereira & Quadros, 1997: p.336).
In this regard, it is important to take note of what Miranda (2009: p.228) tells us,
‘everything consists of knowing what the implications of the change in the
legal-political status of the territory and the community existing in it, on the
condition of people and goods and on the condition of the community itself in
international relations (...) the passage of power from one state to another
necessarily determines more or less intense legal effects’.
Although our aim here is not to analyse the problem of the succession of states in detail,
we cannot fail to identify some important aspects of this process. Firstly, the process of
changing sovereignty also implies a change in citizenship, while respecting the individual
right to hold a given nationality. Similarly, there are no changes to state borders and the
successor state automatically takes possession of the properties and assets of the
predecessor state without the need for compensation or indemnity (Miranda, 2009).