Natural Islands
Under Article 121 of United Nations Convention on the Law of the Sea (UNCLOS), a natural island is defined as a "naturally formed area of land, surrounded by water, which is above water at high tide." This definition excludes artificial islands from generating territorial sea rights or other maritime zones. Key features of a natural island include:
Rocks
Rocks, as defined in Article 121(3) of UNCLOS, are naturally formed areas of land that cannot sustain human habitation or economic life independently. Unlike natural islands, rocks do not grant exclusive economic zones (EEZ) or continental shelf rights. For example, Okinotorishima, a Japanese rock, cannot claim an EEZ despite efforts to preserve its insular status.
Low-Tide Elevations
Low-tide elevations are naturally formed areas of land that are above water at low tide but submerged at high tide. Under UNCLOS, low-tide elevations can generate territorial seas if they are within the territorial sea limits of a mainland or island. However, converting a low-tide elevation into an island does not change its legal status; it remains a low-tide elevation.
Unlike natural islands, artificial islands are human-made structures created using natural or artificial materials. UNCLOS does not provide a formal definition, but various interpretations exist:
Based on these definitions, artificial islands are characterized by their non-natural origin, human construction, and permanent attachment to the seabed. They do not generate territorial seas but may have safety zones up to 500 meters.
Artificial islands serve a wide range of purposes, including:
For example, the UAE’s Palm Jumeirah and Japan’s Kansai International Airport are prominent examples of artificial islands used for urban and economic development.
Marine structures and installations are closely related to artificial islands but differ in their construction and purpose. Installations are typically used for resource exploitation, research, or military purposes, while structures refer to the physical foundations supporting these installations. Key distinctions include:
Installations: Often temporary or movable, used for specific tasks like oil drilling or scientific research.
Structures: Permanent or semi-permanent foundations, such as breakwaters or concrete platforms.
UNCLOS distinguishes between these terms, emphasizing their different legal statuses and purposes.
The lack of clear definitions in UNCLOS has led to legal ambiguities, particularly in disputed regions like the South China Sea. States have converted low-tide elevations and rocks into artificial islands, raising questions about their legal status and maritime entitlements. For instance, China’s construction of artificial structures on reefs in the Spratly Islands has sparked international disputes.
Future research must address these challenges by clarifying the legal status of marine units and their environmental impacts. As artificial islands and marine structures continue to proliferate, international law must adapt to ensure sustainable and equitable use of ocean resources.
Artificial islands and marine structures play a vital role in modern maritime activities, but their legal definitions and statuses remain unclear under UNCLOS. This article has provided a comprehensive analysis of the nature, types, and utilities of artificial islands, as well as their distinctions from natural islands, rocks, and low-tide elevations. By addressing these issues, this research aims to guide future legal frameworks and promote a clearer understanding of maritime law in the context of artificial islands and marine units.
As the demand for marine resources and space grows, the international community must work toward unified definitions and regulations to ensure the sustainable and peaceful use of the world’s oceans.
Source: Asia-pacific Journal of Law, Politics and Administration_ Author: Mohammad Ali Zohourian
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