The Legal Dimension
Edited by S. Jayakumar, Tommy Koh, Robert Beckman, Tara Davenport and Hao D. Phan
Chapter 11: Rocks versus islands: implications for protection of the marine environment
This chapter examines the relationship between the criteria developed by the Arbitral Tribunal for distinguishing a rock from other islands with the environmental protection duties of all states, which the Award did not do. It suggests the Award is not an adverse precedent for those states claiming an exclusive economic zone (EEZ) from rocks. The chapter also reviews state practice in this regard, which the Tribunal did not address in detail in its Award. The chapter concludes that the Tribunal’s criteria must be carefully applied to the facts and circumstances of each high-tide feature in assessing whether each feature is entitled to a continental shelf/EEZ or only a territorial sea, and predicts that few states will change their position on such features.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.