Podcast: Mark Nevitt on “Climate Change, Environmental Law, and National Security”
Today’s podcast from LENS’ 30th Annual National Security Law Conference is by conference-favorite Prof Mark Nevitt of Emory Law. Mark’s is one of the world’s premier experts on his presentation’s vitally important topic: “Climate Change, Environmental Law, and National Security”
In this podcast Mark gives us a brief outline of some of the current issues in environmental law, especially as they may impact national security. Mark points out the many conundrums we face and will face…sooner rather then later. One I found especially interesting was this:
“[C]limate change is resulting in a physical destabilization. There are four atoll nations, the Maldives, Kiribati, Tuvalu and Marshall Islands, which the US has a compact with, in the South Pacific.
They’re called Small Island Developing States. So the notion of inhabitability, you don’t need to go below the water and be completely underwater. You can have freshwater intrusion by the salt. You can just have lack of farmable areas for farmers to work on.
And so we’re talking about, by mid-century– not in 200 years, but 20 years or so, 25 years– four nations that are going to be extinct. Right? This is inspired some writing of mine, the “specter of statelessness.”
Under the Montevideo Convention one of the core characteristics to be a state under international law is you have to have a physical territory. So many of these Small Island Developing States are actually buying territory outside their home, in Australia, Fiji, fill in the blank.
But we don’t really have a great answer for this, right? We don’t have a great answer under international law for this either. And we know for some of the climate science– and again, I’m not a climate scientist. But I read this headline, and it concerns me. We’d better have some kind of legal solution for at least these four different nations.”
Because Mark uses maps and other visual aids, I recommend you watch this one (though listening to it can still be effective). Mark is a very gifted teacher as I appreciate his ability to translate complex concepts into a presentation accessible by all. Again, you can find it here.
The views expressed by guest speakers do not necessarily reflect my views or those of the Center on Law, Ethics and National Security, or Duke University. (See also here).
Remember what we like to say on Lawfire®: gather the facts, examine the law, evaluate the arguments – and then decide for yourself!
Watch this space for additional podcasts from the conference. Some presentations, however, were for attendees only, so save the date to attend LENS 31 set for 27-28 Feb 2026
