Source: Daily report for 12 December 2024
TUVALU explained it is the first country expected to be completely lost to climate-related sea-level rise—first rendering its islands uninhabitable, before submerging them completely. They outlined steps taken, including a coastline adaptation project, land reclamation, and an initiative for digital preservation of the nation’s culture, and vouched that “Tuvalu will not go quietly into the rising sea.”
TUVALU reiterated the right to self-determination, which “cuts to the very core” of the UN Charter, the international human rights covenants, and the UN Declaration on the Rights of Indigenous Peoples. They stressed that the Court has recognized self-determination to be an erga omnes, non-derogable international norm extending beyond its origins in decolonization, and said there could be no doubt that Tuvalu’s right to self-determination is being violated by threats to its territorial integrity, forced displacement of Tuvaluans, and deprivation of the local population of means of subsistence. They said the fact that the nation’s very survival is at stake must inform the Court’s assessment of States’ obligations, and warned that SIDS will not stay above the rising tides without technical and financial assistance for adaptation.
Highlighting the basic nature of a nation’s right to survival, TUVALU noted there is not yet well-developed jurisprudence on this right, and invited the Court to contribute to its development. With reference to the concept of statehood continuity, they specified that the Montevideo Convention on the Rights and Duties of States provides that the recognition of a State is “unconditional and irrevocable.” On the principle of territorial integrity, they said this norm covers both tangible and intangible assets, and is reinforced by the principle of permanent sovereignty over natural resources. They demanded: deep and immediate emission cuts; ambitious adaptation action and support; and respect for existing maritime zones.
