Some Aspects of the Regime of Islands in the Law of the Sea

Abstract

This paper examines the international law of the sea as it applies to islands and low-tide elevations, with particular reference to the many disputed islands, atolls, rocks and shoals in the South China Sea. After distinguishing the law on the acquisition of sovereignty from the law of the sea, the paper analyses the relevant terms of the un Convention on the Law of the Sea, as well as their negotiating history and some failed proposals concerning historic waters. The rules relating to islands, rocks, artificial islands, seamounts in the open sea and maritime boundaries are then reviewed in turn, together with the relevant case law.