by Margherita Greco
For Tuvalu, a Polynesian nation of nine coral atolls covering just 10 square miles, this is no longer a hypothetical or philosophical question — it has become a threatening reality. Tuvalu is facing what no modern nation has ever had to deal with: the complete disappearance of its territories within 50 to 100 years, due to the rising sea level.
When the Foreign Minister Simon Kofe stood knee-deep in the Pacific Ocean during
the COP26 climate summit in November 2021, he was not only performing an effective political gesture: he was highlighting an unprecedented environmental crisis. Two years later, during COP27, he announced a groundbreaking statement that would lead to reconsidering the now-entrenched concept of State. Tuvalu will create a digital version of itself to ensure survival “regardless of what happens in the physical world,” Kofe said. This statement brings us to reflect on a pressing matter that philosophers have been debating for centuries, but not international jurists: can a nation exist without territory?
When we think about nations, we instinctively associate them with a territory — the French with France, Italians with Italy, Brazilians with Brazil. The 1933 Montevideo Conference on the Rights and Duties of States translated this instinctive thought into international law, establishing four main criteria for recognizing statehood: a permanent population, a defined territory, a government and the capacity to enter into relations with other states — asserting a definite response to the philosophical debate concerning the necessity of land for a State’s recognition.
Yet this framework takes for granted something that climate change is now challenging: the endurance of the land itself.
According to Locke’s “Two Treatises of Government,” the foundation of political legitimacy remains in property and place. Going further, Max Weber, in “Politics as a Vocation,” defines the concept of state as “a human community that successfully claims the monopoly of the legitimate use of physical force within a given territory.”
So, does the social contract dissolve when the property disappears beneath the sea and the place becomes uninhabitable? And what happens to the state’s authority — does it sink as well? If we base our reasoning on these two major philosophers’ thesis, Tuvalu does not have a future: without a territory, it cannot exist.
A light of hope comes from Benedict Anderson, who proposes a brighter alternative. He argues, in “Imagined Communities,” that nations are imagined political communities united by shared values and narratives, rather than physical areas. Tuvalu’s national identity will not sink along with its territory, as it will persist through collective imagination.
However, identity alone is not sufficient to legally recognize a state: even if a nation endures in memory, a state must exist according to international laws, making Anderson’s theory weak and legally unenforceable. For instance, the Kurdish people have preserved a strong national identity despite the lack of legal statehood, perfectly illustrating that cultural continuity is not synonymous with political sovereignty.
Laws are made to be changed and to be updated to keep up with the modern, fast-paced, always-evolving society. Internalizing this concept, Tuvalu’s government is not surrendering to the evidence and the destiny of its territory. Indeed, it is negotiating a treaty with Australia to allow Tuvaluans to migrate with special status, while holding their Tuvaluan citizenship. Additionally, Tuvalu argues before the international forum that it should maintain its maritime boundaries and Exclusive Economic Zone (EEZ) even if the islands submerge. This claim generates an unprecedented situation: a state exercising power over ocean space without a habitable territory. This move aligns with Anderson’s view, challenging the status quo and current legal framework.
With the idea of Tuvalu’s digital nation, a new dilemma arises. The international system, established at Westphalia in 1648, has no precedent for recognizing virtual sovereignty. Every existing treaty, norm and law assumes control over a physical territory — an actual territory in which power and laws can be enforced by authorities. Tuvalu’s project poses a greater question, which has never been investigated so far: can sovereignty exist even when it is detached from geography, and connected to the continuity of governance, citizenship and community will?
Tuvalu’s voice challenges this paradoxical condition. Its digital nation is the solution to an environmental issue, to which it has contributed only 0.001% of global carbon emissions. Yet, it is paying the highest price — the vanishing of its territories — among all the other states, many of which have been far more responsible for this unstoppable crisis.
The digital dimension is a demand for recognition, declaring that national identity, governance and rights can transcend geography.
Tuvalu’s submergence would embody not only an environmental failure but also a political one — the failure of international laws to accept the digital dimension as a form of national sovereignty, failing to expand its moral imagination faster than the seas are rising.
Yet, recognizing digital sovereignty now would set the first step of “cyber international law” that welcomes new technologies to recognize new legal institutions, which from now on will impact the evolution of states and the future history of nations.
