Self-determination in colonial territories in the context of climate change

Since the Declaration on Friendly Relations in 1970, the conceptualization in law of the right to self-determination has come a long way. Traditionally, self-determination was perceived as a freedom to choose political destiny, but it has evolved to include rights to pursue economic, social and cultural development. This evolution could have critically important significance for indigenous peoples impacted by the effects of climate change. For their millions of residents, the impacts of climate change in these remote island territories are intractable, life-threatening and a present day reality. Rising and warming seas, melting permafrost, more intense and frequent storms, and unpredictable weather patterns, compromise food and personal securityThis paper examines that nexus for indigenous peoples who reside in island territories that are the ongoing subject of a colonizer state.. For indigenous peoples, the physical consequences of climate change are inherently connected to intangible ones, and lead to the attenuation of cultural attachment to place, loss of agency, deterioration of mental health, the erosion of cultural cohesion and identity. Climate adaptation is complicated by geographical isolation, histories of colonialization, and intricate layers of legal responsibility. At the same time, private sector engagement is evolving as communities seek to exploit potential opportunities that arise from climate impacts in precisely these locations, and are being urged by international organizations to engage more in the climate response, rendering legal clarity even more salient. Understanding the breadth and meaning of the legal right to self-determination could advance the resilience of local indigenous communities to the impacts of climate change, and give states and investors a better understanding of how to offer support. Moreover, it will provide much needed legal clarity for indigenous peoples, local and national governments, and potential investors.