Análise dos impactos jurídicos da elevação do nível do mar em estados nacionais insulares sob a perspectiva do direito internacional público

Abstract

This paper analyzes the legal consequences of sea level rise, focusing on the impacts on the sovereignty and existence of island nations under the perspective of public international law. The justification for this paper lies in the analysis of the legal consequences of this phenomenon, addressing issues such as statelessness, refugees, and state obligations. The overall objective is to identify, from the perspective of international law, the effects of sea level rise on island States in case of submersion. Among the specific objectives, there are the analysis of the requirements for state existence, the protection of displaced persons, the implications of the disappearance of a state in terms of international obligations, maritime zones, and their challenges to current legal norms. The literature review addresses the definition of the requirements for state existence in international law, highlighting territory, population, and sovereign government, as established by the Montevideo Convention (1933). The protection of persons displaced by sea level rise is analyzed from the perspective of the refugee concept, considering current legal gaps and the need to adapt the concept of "environmental refugee". The analysis also includes the impact of territorial loss on maritime zones, emphasizing the legal stability of delimitations and internationally recognized territorial rights. Sea level rise represents a significant challenge for international legal norms, requiring greater legal integration and the adaptation of protection mechanisms for human rights, state sovereignty, and maritime zone delimitation. The maintenance of international forums and the application of "jus cogens" norms may be key to resolving this crisis, with solutions such as the creation of floating platforms or other legal alternatives to ensure the protection of displaced peoples.