Application of the Principle of Unity in the Legal Settlement of Sovereignty Disputes over Islands and Other Maritime Features

Abstract

Abstract The legal principle of ‘unity’ has been frequently invoked by States to claim sovereignty of islands and other insular features. It has been used by the adjudicators in diverse ways and with differing results. With a view to clarifying the legal paradigm of the principle of ‘unity’, this article undertakes an analysis of the relevant jurisprudence in this field. This leads to the identification of three typologies of ‘unity’ claims—‘dependency’, ‘natural unity’ and ‘collective approach’. Each of these is examined in further detail, with some key findings and observations. Importantly, the principle of unity can never be the root of title to contested territories where existing titles can be established. Instead, the unity principle operates in specific ways, with a series of conditions: absence of established title, presumed existence of identical title and broad agreement between the parties. The article concludes by observing the need for continued research on this topic.