Abstract
As climate change threatens the physical existence of low-lying island nations, the question of whether a country can retain statehood without territory becomes increasingly urgent. Tuvalu, facing potential submersion by 2050, has amended its constitution to declare perpetual statehood, challenging traditional international legal definitions that link sovereignty to physical territory. This Article examines the legal implications of Tuvalu’s declaration and explores whether current frameworks, including the Montevideo Convention, selfgovernance, the presumption of continuity, the Lotus principle, and the United Nations Convention on the Law of the Sea (“UNCLOS”), can accommodate such a claim. It advocates for legal innovations such as redefining statehood, creating alternative conceptions of sovereignty, or updating UNCLOS to preserve Tuvalu’s independence and rights. Ultimately, the Article argues that international law must evolve to recognize the legitimacy of states like Tuvalu in a climate-altered world.