Island Disputes and the Law of the Sea: An Examination of Sovereignty and Delimitation Disputes

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Page 18 - Regime of islands 1. An island is a naturally formed area of land, surrounded by water, which is above water at high tide. 2. Except as provided for in paragraph 3, the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf of an island are determined in accordance with the provisions of this Convention applicable to other land territory.
Page 14 - Rocks which cannot sustain human habitation or economic life of their own shall have no exclusive economic zone or continental shelf.
Page 13 - Ocean ; excepting such Islands as now are, or heretofore have been, within the Limits of the said Province of Nova Scotia.
Page 14 - State has: (a) sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or nonliving, of the waters superjacent to the sea-bed and of the sea-bed and its subsoil...
Page 13 - Lawrence; comprehending all islands within twenty leagues of any part of the shores of the United States, and lying between lines to be drawn due east from the points where the aforesaid boundaries between Nova Scotia on the one part, and East Florida on the other, shall respectively touch the bay of Fundy and the Atlantic ocean...
Page 6 - ... Japan and South Korea over tiny islets, the Liancourt Rocks, in the south-central section of the Sea of Japan when Japan protested the construction of harbor facilities by South Korea. These 250-square meter rocks, again, could have a profound effect on the delimitation of maritime boundaries (see maps 1 and 3). Northeast of Japan, a long-standing sovereignty dispute between Japan and Russia over a group of islands northeast of Japan (known in Japan as the "Northern Territories") originally involved...
Page 1 - Islands: Normal and Special Circumstances." The use, or non-use, of islands in establishing national jurisdiction over ocean space has been somewhat inconsistent and troublesome on a global scale over the years. While on the one hand, islands are to be treated in the same manner as any mainland territory (such as being an integral part of a coastal State's baseline and having a territorial sea of its own), the extent of this "equal
Page 17 - An earlier dispute between Argentina and Chile over islands in the Beagle Channel, off Tierra del Fuego, held major ramifications for Chilean access to the Atlantic Ocean. After rejection by Argentina in 1978 of a decision rendered through arbitration by a panel of former ICJ judges selected by the United Kingdom, this dispute was submitted to the Vatican for arbitration. In 1984, the Vatican ruled in favor of Chilean sovereignty over the islands, but limited Chile's exclusive economic zone in the...
Page 13 - And, to further its argument, the United States notes that the Arbitration between the United States and Great Britain undertaken pursuant to the 1814 Treaty of Ghent confirmed that the grant of Nova Scotia by the British Crown under the terms of a 1621 Charter to Sir William Alexander did not include either island. Canada, however, maintains a different interpretation of these historical treaties. Both States acknowledge the disputed status of the islands. Because of the complexity of the dispute,...

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