No Land but Sovereign: Sea-Level Rise, Cultural Heritage, and the Possibilities of International Law

Resumen

This paper examines the challenges posed by sea-level rise to the protection of cultural heritage in Small Island Developing States (SIDS), with a focus on the implications of potential submersion of state territory for both tangible and intangible cultural heritage. The paper begins by critically assessing the legal feasibility and limitations of emerging forms of deterritorialized statehood for the purposes of cultural heritage protection. It also considers alternative theoretical proposals as mechanisms to ensure the functional continuity of SIDS’ statehood and the cultural rights of relocated communities despite territorial loss. Taking SIDS as a case study, it addresses three main questions: what cultural heritage should be safeguarded, who is responsible for its protection, and how such protection can be operationalized under international law. In answering these questions, the analysis balances decolonial perspectives with the traditional role of states and international institutions, as framed by two key UNESCO Conventions: The World Heritage Convention and the Convention for the Safeguarding of the Intangible Cultural Heritage. Relying on the principle of fairness in international law, the paper further advocates both an evolutive interpretation of relevant treaties and the application of the mutually supportive interpretation doctrine between cultural heritage conventions, human rights law and climate change instruments. By recognizing the fluidity and resilience of culture, and by ensuring the active participation of affected communities, this paper underscores the necessity of progressive legal frameworks to respond to sea-level rise, offering insights with implications for SIDS, relocated populations, and the broader international community.