Sea level rise due to climate change and the impacts of this rise on small island states are some of the most pressing emerging issues in international law. This article examines the phenomenon of sinking states—low-lying island states at risk of the submergence of the entirety of their territory due to sea level rise. The existence of sinking states raises complex and profound questions related to statehood, nationality, and human rights, to which international law currently provides no sufficient answer.

This Article addresses the cascading consequences of sinking states. It evaluates proposals for addressing the phenomenon and analyzes the future implications of these potential solutions. The cascading consequences of sinking states include undermining the principles of the sovereign equality of states and the right to self-determination, redefining statehood in a manner that may unjustly exclude other similarly situated nations and peoples, exacerbating humanitarian crises related to climate change, and undermining the international legal order.

This Article is the first to examine what sinking states and the cascading consequences of their existence reveal about cracks in the foundation of international law. Specifically, sinking states reveal weaknesses in the state-centric model of international law and exemplify the peril of a retreat from the progressive development of a more just legal framework.

Sinking states serve as a metaphor for international law and the whole of humanity. If we fail to meet the urgency of the moment with a radical new vision for our collective security, we risk our own potential demise.