On 9 November 2023 the Government of Tuvalu and the Government of Australia signed the Australia-Tuvalu Falepili Union Treaty addressing migration and security issues in the context of their bilateral relations. The Australia-Tuvalu Falepili Union Treaty recognises that climate change is Tuvalu’s greatest national security concern (preamble) and follows a Tuvalu-led examination of partnership options to protect and promote its interests and ensure its continued sovereignty, including a formal request to Australia to consider elevating the Australia-Tuvalu bilateral partnership. In respect of the law of the sea, interesting provisions include:
Article 2: Climate cooperation
Australia-Tuvalu Falepili Union Treaty
…
(2) The Parties recognise:
(a) the desire of Tuvalu’s people to continue to live in their territory where possible and Tuvalu’s deep, ancestral connections to land and sea;
(b) the statehood and sovereignty of Tuvalu will continue, and the rights and duties inherent thereto will be maintained, notwithstanding the impact of climate change-related sea-level rise;
(c) that more recent technological developments provide additional adaptation opportunities.
…
Article 3: Human mobility with dignity
(1) Australia shall arrange for a special human mobility pathway for citizens of Tuvalu to access Australia which shall enable citizens of Tuvalu to:
(a) live, study and work in Australia;
(b) access Australian education, health, and key income and family support on arrival.
…
Article 4: Cooperation for security and stability
(1) Australia shall, in accordance with its international law obligations, international commitments, domestic processes and capacity, and following a request from Tuvalu, provide assistance to Tuvalu in response to:
(a) a major natural disaster;
(b) a public health emergency of international concern;
(c) military aggression against Tuvalu.
…
(4) Tuvalu shall mutually agree with Australia any partnership, arrangement or engagement with any other State or entity on security and defence-related matters. Such matters include but are not limited to defence, policing, border protection, cyber security and critical infrastructure, including ports, telecommunications and energy infrastructure.
The Joint Statement on the Falepili Union between Tuvalu and Australia also recognises the commitment of both states to “extend [their] partnership through expansion of the Tuvalu Coastal Adaptation Project to reclaim land in Funafuti. This project will expand Funafuti’s land by around six per cent”.
De Maribus 