The limits of the natural state doctrine: rocks, islands and artificial intervention in a changing world

Abstract

This chapter explores implications of the natural state doctrine to situations outside the factual matrix of the South China Sea arbitration. It sets out the arbitral tribunal’s discussions on artificial modification of features and explores the development of the natural state doctrine, particularly in respect of rocks and islands. The chapter then applies the natural state approach to two circumstances where maritime features may be affected by artificial intervention: islands rendered uninhabitable because of the effects of climate change; and islands whereby the capacity to support human habitation is generated by some initial and/or ongoing artificial intervention. It also discusses the development of the natural state doctrine. Finally, the chapter applies the natural state approach to two circumstances where maritime features may be affected by artificial intervention: islands rendered uninhabitable because of the effects of climate change; and islands whereby the capacity to support human habitation is generated by some initial and/or ongoing artificial intervention.