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Introductory Remarks

Published online by Cambridge University Press:  22 March 2019

Extract

In July 2016, an Arbitral Tribunal constituted pursuant to Annex VII of the Law of the Sea Convention issued an award on the merits in the South China Sea Arbitration between the Philippines and China. Among other issues to be decided was the status of several insular features under the law of the sea regime of islands codified in Article 121 of the UN Law of the Sea Convention (UNCLOS). Article 121, paragraph 1, defines an island as “a naturally formed area of land, surrounded by water, which is above water at high tide.” Like all coastal land territory, islands, with one important exception, generate a full suite of maritime zones: territorial sea, contiguous zone, exclusive economic zone, and continental shelf (Article 121(2)). The important exception is found in the third paragraph of Article 121: “Rocks which cannot sustain human habitation or economic life of their own shall have no exclusive economic zone or continental shelf.”

Type
The Regime of Islands in the Aftermath of the South China Sea Arbitration
Copyright
Copyright © by The American Society of International Law 2019 

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Footnotes

Note for the reader: this panel was convened at the 2017 ASIL Annual Meeting but due to a publishing oversight appears in the Proceedings of the 2018 Annual Meeting.

This panel was convened at 9:00 a.m., Friday, April 14, 2017, by its moderator Coalter Lathrop of Sovereign Geographic, who introduced the panelists: David Freestone of George Washington University School of Law; Douglas Guilfoyle of Monash University Faculty of Law; Oliver Lewis of the U.S. Department of State; and Joanna Mossop of Victoria University of Wellington Faculty of Law.

References

1 South China Sea Arbitration (Phil. v. China), Award, para. 553 (Perm. Ct. Arb. July 12, 2016) [hereinafter Award].

2 Id., para. 544.