《THE LEGAL REGIME OF ISLANDS IN INTERNATIONAL LAW》

Part One CHAPTER ONE.THE DEFINITION OF AN ISLAND1

1.Definition for the purpose of generating a territorial sea1

(a)"Natural formation"2

(b)Emergence at high-tide6

(c)Alternative criteria now rejected7

2.Definition for the purpose of drawing base-lines from which the territorial sea is measured9

3.Methods of drawing base-lines involving islands16

(a)Situations where the normal,low-water mark is used16

(b)Situations where the straight base-lines method is used18

(c)Situations where the island lies within a Bay28

4.Definition for the purpose of generating a continental shelf or exclusive economic zone33

5.The Effect of Islands on Territorial Sea boundaries with adjacent or opposite States34

(a)Islands proximate to their own mainland coast37

(b)Islands in the "median" zone40

(c)Islands proximate to a "foreign" mainland41

CHAPTER TWO.SOVEREIGNTY OVER ISLANDS45

1.Islands lying within the Territorial Sea of a State48

2.Islands lying in the High Seas50

(a)The degree and kind of sovereign authority required50

(b)The requirement that acts be performed with animus occupandi or in order to assert sovereignty54

CHAPTER THREE.ISLANDS AND THEIR RELATION TO BOUNDARIES IN NAVIGABLE RIVERS61

1.The location of the boundary in the river61

2.The location of islands and the attribution of sovereignty over islands by reference to the thalweg63

3.The consequences of changes in the course of a river65

4.The effects of such changes on Islands68

CHAPTER FOUR.ARCHIPELAGOS73

1.Introduction73

2.The Ango-Norwegian Fisheries Case75

3.The work of the International Law Commission78

4.State Practice81

(a)Coastal Archipelagos84

(b)Oceanic Archipelagos90

(ⅰ)Variety of forms90

(ⅱ)The issues involved90

(α)Security98

(β)Economic103

5.The resolution of the problems of archipelagos at the Third U.N.Law of the Sea Conference105

(a)Definition of an Archipelagic State and rules on base-lines105

(b)The status of archipelagic waters109

CHAPTER FIVE.ARTIFICIAL ISLANDS115

1.Authority to establish such islands or installations118

2.Restrictions on the construction and operation of such islands and installations126

3.Jurisdiction and Control131

4.Responsibility for artificial islands and installations134

5.The effect on base-lines129

CHAPTER SIX.ISLANDS AND THE CONTINENTAL SHELF139

1.Entitlement of Islands to a Continental Shelf139

2.The Allocation of an appropriate share of the Shelf142

3.The Effect of Islands on Shelf Boundaries143

(a)Under the 1958 Geneva Convention on the Continental Shelf143

(ⅰ)The scope of Article 6144

(ⅱ)The relationship between 'agreement',the median or equidistance line,and 'special circumstances'148

(ⅲ)The meaning of 'special circumstances' and their effect on the boundary151

(ⅳ)The practice of the Parties156

(α)Agreements between 'opposite' States157

(β)Agreements between 'adjacent' States159

(b)Under Customary International Law161

(ⅰ)Agreements between 'opposite' States170

(ⅱ)Agreements between 'adjacent' States179

4.The Technical problems of using the equidistance method183

5.The rules for delimitation of continental shelf boundaries in the Informal Composite Negotiating Text185

Part TwoCHAPTER SEVEN.THE ENGLISH CHANNEL AND THE SOUTHWESTERN APPROACHES193

1.The facts as to the Geography and Geology of the area194

(a)The Channel Islands194

(b)The Atlantic Area195

2.The Law applicable:Article 6 of the195

Convention,its meaning and its relation to customary law196

3.The application of the law to the Channel Islands area201

4.The application of the law to the Southwestern Approaches or Atlantic area209

5.A tentative evaluation of the implications of the Award215

(a)The interpretation of Article 6 and the predictability of maritime boundaries216

(b)The relative weight of geographical,geological and other relevant factors220

(c)The relevance of the Award to other "island" situations225

(d)The Court's use of State practice as evidence of the rules of international law228

(e)The Court's adoption of legal arguments proprio motu230

(f)The technique of giving reduced effect to islands231

6.The interpretation of its Award by the Court of Arbitration in its subsequent decision of 14 March,1978240

(a)The limits of the Court's power of interpretation241

(b)The substance of the contradictions alleged by the United Kingdom and the Court's decision in relation to them243

CHAPTER EIGHT.THE AEGEAN SEA249

1.Introduction249

2.The Base-lines from which maritime limits are drawn255

(a)Turkey255

(b)Greece256

3.The Effect of islands on the Territorial Sea256

4.The Effect of islands on the Continental Shelf259

(a)The criterion of the "natural prolongation"of the landmass262

(b)The division of areas that 'overlap'265

(c)Subsidiary factors266

5.Comparable State Practice271

6.The implications of the U.K./France Award over the English Channel for the Aegean dispute277

CHAPTER NINE.THE CHINA SEA283

1.Introduction283

2.The Base-lines from which maritime limits are drawn286

(a)China286

(b)The Republic of Korea293

(c)Japan294

(d)The Philippines295

3.Disputed Islands295

(a)The Tiao Yu Tai Islands(the Senkaku Islands)295

(b)The Islands of Takeshima297

(c)The Paracel Islands(Hsisha Islands)297

(d)The Spratly Islands(Nansha Islands)299

4.Maritime Boundaries300

(a)Agreed Boundaries301

(ⅰ)Japan/Republic of Korea301

(ⅱ)Indonesia/ Malaysia303

(b)Areas not regulated by Agreements304

(ⅰ)The Yellow Sea304

(ⅱ)The East China Sea305

(ⅲ)The South China Sea307

CHAPTER TEN.THE GULF OF VENEZUELA313

1.Introduction313

2.Base-lines and the Territorial Sea315

3.The effect of islands on the continental shelf319

(a)The criterion of "natural prolongation"320

(b)The general configuration of the coasts of Parties,as well as the presence of any special or unusual features321

(c)The physical and geological structure,and natural resources,of the shelf areas involved323

(d)The proportionality factor323

INDEX327

DIAGRAMS AND MAPS15

Fig.A.Islands,base-lines and the territorial sea15

Fig.B.Straight base-lines off N.W.coast of Scotland26

Fig.C.Islands in a Multi-mouthed Bay29

Fig.D.Islands screening mouth of a Bay32

Fig.E.Diagrammatic illustration of islands and Continental Shelf boundaries171

Fig.F.Boundary Chart of Channel Arbitration Area205

Fig.G.Diagrammatic illustrations of half-effect to islands234

Fig.H.Map of North Aegean253

Fig.I.Map of South Aegean254

Fig.J.Geological Map of China Seas285

Fig.K.Base-lines of China(Yellow Sea)288

Fig.L.Base-lines of China(East and South China Seas)289

Fig.M.Map of Japan/ Korea Shelf Boundary302

Fig.N.Map of Gulf of Venezuela316