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35 Geo. Env't L. Rev. 331 (2022-2023)
Climate Change and the Specter of Statelessness

handle is hein.journals/gintenlr35 and id is 337 raw text is: Climate Change and The Specter of Statelessness MARK NEVITT* ABSTRACT What happens when climate change extinguishes entire nations? Neither international nor environmental law has provided a satisfactory answer to this weighty question. Climate change-induced flooding, storm surge, and sea level rise threaten the territorial integrity and habitability of several small island developing states, raising the specter of statelessness. We know that climate ca- tastrophe is coming, but we have failed to take the necessary steps to safeguard several developing nations. This Article argues that innovative legal and policy solutions are needed today to prevent nation extinction tomorrow. I focus on two potential international governance solutions: the U.N. Framework Convention on Climate Change's loss and damage mechanism and the U.N. Security Council's capacity to address environmental threats to international peace and security. This Article proceeds in four Parts. I first describe and analyze how climate change is threatening to destroy several island nations. Second, I analyze both the Framework Convention and Security Council's legal authorities and capacity to prevent and compensate nations for climate-driven habitability loss. Third, I argue that wealthier, developed nations-responsible for the bulk of current and historic greenhouse gas emissions-must take the lead in saving nations from extinction. I conclude by offering a climate-security roadmap. This encompasses funding and implementing a loss and damage mechanism to compensate nations for harm already done. This roadmap offers a bolder vision for a reimagined Security Council that takes proactive steps to confront climate change as a threat to international peace and security. TABLE OF CONTENTS Introduction .......................................................... 332 * Mark Nevitt, Associate Professor of Law, Emory University School of Law. Prior to academia, he served for twenty years in the U.S. Navy in the rank of commander as both a tactical jet aviator and environmental lawyer (JAG). He previously served as the Sharswood Fellow at the University of Pennsylvania Law School, Associate Professor at Syracuse University College of Law, and Class of 1971 Distinguished Professor of Leadership & Law at the U.S. Naval Academy in Annapolis, Maryland. He thanks Lisa Benjamin, Isabella Hartman, Jack Kirkpatrick, Melissa Stewart, and Sara Zdeb for research assistance and support. © 2023, Mark Nevitt. 331

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