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This monograph considers the application of general rules of international law to islands, as well as special rules focused on islands, notably Article 121 of the UN Convention on the Law of the Sea. Such rules have been applied in several landmark cases in recent years, including the International Court of Justice’s judgments in Territorial and Maritime Dispute (Nicaragua v. Colombia), and arbitral awards in the Chagos Marine Protected Area Arbitration (Mauritius v. United Kingdom) and the South China Sea Arbitration (Philippines v. China). Among other things, this monograph explores: the legal concepts of “islands”, “rocks” and “low-tide elevations”; methods of securing sovereignty over and the maritime zones generated by islands; islands and historic titles, bays and rights; problems of delimitation in the presence of islands; legal issues arising from changes in islands over time (notably from climate change); and contemporary techniques for resolving disputes over islands.
Atoll Island States exist on top of what is perceived to be one of the planet's most vulnerable ecosystems: atolls. It has been predicted that an increase in the pace of sea level rise brought about by increasing greenhouse gas concentrations in the atmosphere will cause them to disappear, forcing their inhabitants to migrate. The present book represents a multidisciplinary legal and engineering perspective on this problem, challenging some common misconceptions regarding atolls and their vulnerability to sea-level rise. Coral islands have survived past changes in sea levels, and it is the survival of coral reefs what will be crucial for their continued existence. These islands are important for their inhabitants as they represent not only their ancestral agricultural lands and heritage, but also a source of revenue through the exploitation of the maritime areas associated with them. However, even if faced with extreme climate change, it could theoretically be possible for the richer Atoll Island States to engineer ways to prevent their main islands from disappearing, though sadly not all will have the required financial resources to do so. As islands become progressively uninhabitable their residents will be forced to settle in foreign lands, and could become stateless if the Atoll Island State ceases to be recognized as a sovereign country. However, rather than tackling this problem by entering into lengthy negotiations over new treaties, more practical solutions, encompassing bilateral negotiations or the possibility of acquiring small new territories, should be explored. This would make it possible for Atoll Island States in the future to keep some sort of international sovereign personality, which could benefit the descendents of its present day inhabitants.
"In The Spratly Islands and International Law, Xuechan Ma offers a detailed analysis of legal solutions to achieve coexistence and cooperation in the Spratly Islands in the absence of maritime delimitation.
Several low-lying atoll island states are at risk of losing their entire territory due to climate change-induced sea level rise. In Disappearing Island States in International Law, Jenny Grote Stoutenburg examines the most relevant and pressing international legal questions facing threatened island states: at which point would a sovereign state disappear? Who could make that determination? Which legal status would its citizens have? What would happen to the state’s maritime entitlements and its international rights and obligations? Does international law protect the international legal personality of states that lose their effective statehood for reasons beyond their control? In answering these questions, the book goes to the root of a fundamental problem of international law: the nature of statehood.
This book considers the possibilities for resolution of the Nagorno-Karabakh Conflict in the context of comparative international law. The armed conflict between Armenia and Azerbaijan over the territory of the Nagorno-Karabakh has been on the peace and security agenda since the dissolution of the Soviet Union. This volume draws parallels with a similar situation between Sweden and Finland over sovereignty of the Aland Islands in the early 20th century. Resolved in 1921, it is argued that this represents a model autonomy solution for territorial conflicts that include questions of territorial integrity, self-determination and minority rights. The book compares both conflict situations from the international law perspective, finding both commonalities and dissimilarities. It advances the application of the solution found in the Aland Islands precedent as a model for the resolution of the Nagorno-Karabakh Conflict, and provides appropriate recommendations for its implementation. The book will be of interest to academics, researchers and policymakers in the areas of international law and security, conflict resolution and international relations.
Introduction : the goal and structure of the book -- The legal regulation of the demilitarisation and neutralisation of the Åland islands -- The law of the sea and the demilitarisation of Åland -- Regional security co-operation and the Åland islands -- Outlook and conclusions
This book challenges the idea that international law looks the same from anywhere in the world. Instead, how international lawyers understand and approach their field is often deeply influenced by the national contexts in which they lived, studied, and worked. International law in the United States and in the United Kingdom looks different compared to international law in China and Russia, though some approaches (particularly Western, Anglo-American ones) are more influential outside their borders than others. Given shifts in geopolitical power and the rise of non-Western powers like China, it is increasingly important for international lawyers to understand how others coming from diverse backgrounds approach the field. By examining the international law academies and textbooks of the five permanent members of the UN Security Council, Roberts provides a window into these different communities of international lawyers, and she uncovers some of the similarities and differences in how they understand and approach international law.
In The Iran-UAE Gulf Islands Dispute, Charles Buderi and Luciana Ricart take the reader on a journey through centuries of Gulf history and evolving principles of international law on territorial disputes to reach conclusions over the rightful sovereign of three Gulf islands – Abu Musa and the Tunbs – claimed by both Iran and the United Arab Emirates. Drawing on a wide range of scholarly works and archival documents from sources as diverse as the Dutch East India Company, the Ottoman Empire and the British Government, Buderi and Ricart analyze historical events from antiquity up to modern times. Ultimately, the authors reach conclusions on the ownership of the islands under international law which challenge the positions of both parties.
In The Regime of Islands Reframed, Clive Schofield examines the definition of islands and other insular features under the international law of the sea with particular reference to the South China Sea case between China and the Philippines which has served to reframe understanding of this contentious area of international law.