http://dx.doi.org/10.59704/ca99ffd63031501e https://verfassungsblog.de/montevideo-climate-statehood-icj/ Is Montevideo Sinking? - "Disappearing" States and De-territorialized Statehood Following the ICJ's Advisory Opinion on Climate Change Corneo, Aurelio Scherer, Judith eng 2025-08-19 electronic resource text/html ddc:342 Advisory Opinion Climate Crisis ICJ International Court of Justice Internationaler Gerichtshof | Den Haag Klimakatastrophe State Responsibility Statehood climate change customary law Internationaler Gerichtshof | Den Haag Klimakatastrophe Verfassungsblog Verfassungsblog--2366-7044 CC BY-SA 4.0 Following the ICJ’s opinion, only time will tell whether the Montevideo criteria are themselves “sinking,” and what might replace them. It remains doubtful whether sunken States could be sovereign equals to States with territory, as they would necessarily rely on the goodwill of their host State to cede jurisdiction to some degree. Even though the ICJ’s opinion is a big step forward (especially) for small island States, it cannot, by itself, preserve a State’s full sovereignty once its territory is submerged. Small island States have contributed the least to climate change, yet now face an existential threat. This unfair fate must be prevented. I