International Law Relating to Islands

International Law Relating to Islands PDF

Author: Sean D. Murphy

Publisher: BRILL

Published: 2019-03-25

Total Pages: 383

ISBN-13: 9004361545

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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.

Islands and International Law

Islands and International Law PDF

Author: Donald R Rothwell

Publisher: Bloomsbury Publishing

Published: 2022-07-14

Total Pages: 329

ISBN-13: 1509955437

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Islands and their status in international law have become one of the more contentious issues in public international law. However, despite this, there is no contemporary book-length study on the question. This book fills that gap. Written by one of the world's leading public international lawyers, it offers an authoritative overview of how public international law operates in relation to islands. Key issues such as artificial islands, archipelagos, sovereignty, territorial rights, maritime entitlements, and governance are explored in depth. This will become a classic text in the field of international law.

Atoll Island States and International Law

Atoll Island States and International Law PDF

Author: Lilian Yamamoto

Publisher: Springer Science & Business Media

Published: 2013-10-25

Total Pages: 318

ISBN-13: 3642381863

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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.

Disappearing Island States in International Law

Disappearing Island States in International Law PDF

Author: Jenny Grote Stoutenburg

Publisher: BRILL

Published: 2015-07-28

Total Pages: 504

ISBN-13: 9004303014

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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.

Islands, Law and Context

Islands, Law and Context PDF

Author: Malcolm D. Evans

Publisher: Edward Elgar Publishing

Published: 2023-07-01

Total Pages: 215

ISBN-13: 1802207635

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This ground-breaking book challenges legal orthodoxy, presenting an original approach to the treatment of islands in international law. It offers a new perspective on how to define islands in international law, questioning how they differ from other maritime features. It focuses on the contextual factors that bear upon the legal treatment of islands, recognising that, in practice, islands have varied and unequal impacts and arguing that greater focus on context is needed to understand legal outcomes, particularly those concerning maritime boundary delimitation.

The Spratly Islands and International Law

The Spratly Islands and International Law PDF

Author: Xuechan Ma

Publisher: Queen Mary Studies in Internat

Published: 2021-12-02

Total Pages: 396

ISBN-13: 9789004504325

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"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.

Contested Territories and International Law

Contested Territories and International Law PDF

Author: Kamal Makili-Aliyev

Publisher: Routledge

Published: 2019-10-14

Total Pages: 142

ISBN-13: 1000749959

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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.

Islands, Law and Context

Islands, Law and Context PDF

Author: Malcolm D. Evans

Publisher: Edward Elgar Publishing

Published: 2023-07-04

Total Pages: 0

ISBN-13: 9781802207620

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This ground-breaking book challenges legal orthodoxy, presenting an original approach to the treatment of islands in international law. It offers a new perspective on how to define islands in international law, questioning how they differ from other maritime features. It focuses on the contextual factors that bear upon the legal treatment of islands, recognising that, in practice, islands have varied and unequal impacts and arguing that greater focus on context is needed to understand legal outcomes, particularly those concerning maritime boundary delimitation. Addressing the impact of rising sea levels on the interests and rights of islands and the increasing construction of artificial islands, the authors make the case for a major change in approach to the topic. This book offers international lawyers a thought-provoking reappraisal of a vital issue. It will be a useful resource for human geography and international relations scholars wishing to deepen their understanding of a key politically-contested and increasingly pressing debate in international law.

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