Islands and the International Law of the Sea

Abstract

Islands have a central place in the law of the sea because they are land from which coastal States are able to assert a range of maritime claims consistent with UNCLOS. The significance of islands is reflected in a single article of UNCLOS – Article 121 which creates a ‘Regime of Islands’. Recently Article 121 has been the subject of review by international courts and tribunals, including the 2016 South China Sea Arbitration. This has resulted in new insights and clarifications regarding Article 121 and further emphasised the importance of this provision in UNCLOS. Islands are also important for the manner in which they permit certain coastal States to declare themselves as Archipelagic States, and how they can be relied upon for the drawing of straight and archipelagic baselines. They also have had an important impact upon the distinctive law and practice that has evolved with respect to maritime boundary delimitation.