Thursday, July 28, 2011

Can You Have a State Without Land?

Rosemary Rayfuse struggles with what should happen to the (island) nations that will disappear if ocean levels continue to rise:

Disappearing states could try to acquire territory from another state. However, no other government is likely to give up some of its land, no matter the price. The construction of artificial islands has also been proposed, but the financial, engineering, cultural and legal challenges may be insurmountable. The best scenario under current international law appears to be for disappearing states to enter into some form of federation with another state. However, a merger would threaten their cultural identities and likely oblige them to relinquish control over their resources.

Simply continuing to recognize deterritorialized states as full states is a better solution. A deterritorialized state would consist of a government entity that would continue to represent the rights of its citizens at the international level and vis-à-vis their new host state or states.

Steve Clowney

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I think the issue of states without territory can be easily addressed through a re-interpretation of already well codified International Corporate Law. It already defines the role of bodiless, dispossessed 'legal entities'. Legislators are notoriously lazy (at least in the U.S.), and it makes better sense to them to use laws already agreed upon.

This would open a horrendous (for humanity) opportunity for Corporations to grab more power, i.e. true governmental authority, ability to negotiate treaties with nations independent of their home state's will. They could impose behavioral limitations on employees - sorry - citizens. Think I'm crazy ? Look what Corporate lawyers did with the 14th Amendment to the U.S. Constitution (allegedly passed to protect the rights of freed slaves).

It would also brighten the prospects of world religions, who could claim adherents have citizenship in a dispossessed 'nation of God'. They could finally impose the tithe, complete with national authority under treaty to attach wages, much like national or state income tax.

Both bodies could impose criminal penalties for certain actions (or even inaction), jail-time, financial penalties, boycotts and tariffs, oh my...

Does a land-less state still have the right to commission an army for it's defense ?

Don't think about what any of THAT will mean when man finally leaves Earth. Pray (if you're into that kind of thing) the oceans stay low, and the poles frosty, my friends, for the good of all mankind.

"WARNING: Objects in future may be closer than they appear"

Posted by: Retaxis | Jan 24, 2012 9:22:33 AM

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