Artificial islands in the Law of the Sea

Abstract

This thesis presents the study of Artificial Islands in The Law of the Sea with the evolution of the topic dating from The 1930 Hague Codification Conference, to the 1982 United Nations Conference on The Law of the Sea. The study follows with an examination of the status of 'natural islands,' as well as that of 'ships and vessels' in relation to artificial islands. This is of importance in order to discern those elements which are common to the particular nature of artificial islands. The process of assimilation, however, leaves much to be desired and an attempt is made to take advantage of this investigation as well as the study of the 1982 Law of the Sea Convention so as to recommend the creation of a separate legal category for artificial islands. After presenting the reader with an interpretation of what constitutes an artificial island, a technical examination of the physical diversity in form and operation of artificial islands is given. This extends to those artificial structures which are under construction and will be deployed in the coming years. The jurisdiction relevant to artificial islands is studied in the light of the different maritime zones found in the 1982 Law of the Sea Convention. Special focus is given to the high seas, which raises concern with respect to the regulation of artificial islands. The discussion of the high seas proceeds with a description of the conflicting uses of the high seas in relation to artificial islands. Distinction is made between those freedoms of the high seas which are 'traditional' in nature as opposed to those of a more recent origin. The author of this study touched upon the different freedoms of the high seas by giving consideration to the various interests involved. It is noted that the practical legal implications of artificial islands which are not provided for by legal provision are likely to develop a practice by States which finds significance in customary international law.