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The Australia-Tuvalu Falepili Union Treaty:
Statehood and Security in the Face of Anthropogenic Climate Change
August 2024
On November 9, 2023, Prime Minister Albanese of Australia and then Prime Minister Natano of Tuvalu signed the Australia-Tuvalu Falepili Union Treaty in Rarotonga (Falepili Union Treaty or the Treaty).1 The preamble explains that “the concept of Falepili . . .connotes the traditional values of good neighbourliness, duty of care and mutual respect.” It sets a groundbreaking precedent for Small Island States threatened by rising sealevels, addressing both State continuity and climate resettlement.
Nonetheless, and despite its subsequent entry into force on August 28, 2024,2 it has not been without controversy in Tuvalu and, to a lesser extent, Australia due to provisions seen by some as substantially infringing Tuvalu’s independence in foreign relations or even its sovereignty.
The Australia-Tuvalu Falepili Union Treaty represents a significant precedent for Small Island States facing the existential threat of rising sea-levels. It expressly addresses critical issues of State continuity and climate resettlement through a “mobility with dignity” pathway, albeit within a security framework that shows substantial deference to Australia’s priorities in a wider contest for influence in the Pacific.
This article considers the context, text, and implications of the Treaty, paying special attention to its impact upon the sovereignty and independence of Tuvalu. In particular, we analyze the consequences of Article 2(2)(b) for the existential continuity of that State notwithstanding anthropogenic sea-level rise and critique the view that the security clause in Article 4(4) threatens in some manner to downgrade Tuvalu’s international legal status as an independent or sovereign State.
The Article begins by establishing the legal and political context to the Falepili Union Treaty (Part II) before examining the full text and several key substantive issues arising therefrom (Part III). It concludes with an analysis of the implications for Tuvaluan independence (Part IV).
Authors: Alex Green and Douglas Guilfoyle