The Regime of Islands in International Law

Title Page
Copyright Page
Acknowledgments
Table of Contents
List of Abbreviations
Preface
PART ONE: THE 'REGIME OF ISLANDS'
	Chapter 1: INSULAR FEATURES: DEFINITION ANDENTITLEMENT
		1. Legal Definition of Islands and Other Natural Insular Features
			(1) Islands
			(2) Low-Tide Elevations
			(3) Artificial Islands
		2. The Entitlement of Islands to Areas of Maritime Jurisdiction
			(1) The Territorial Waters of Islands
			(2) The Contiguous Zones of Islands
			(3) The Continental Shelf of Islands
			(4) The Exclusive Economic Zones of Islands
			(5) Islands under Colonial Dependence, or Foreign Domination or Control
PART TWO: THE EFFECT OF ISLANDS ON THE OUTER LIMITS OF NATIONAL JURISDICTION
	Chapter 2: ISLANDS AND BAYS
		1. Introduction
			(1) General
			(2) Geographical Situations
		2. Bays and Problems Occasioned by the Presence of Islands
			(1) Bays and Baselines
			(2) The Drawing of Baselines across Bays in the Presence of Islands
				(i) Problematical Island Situations
					(a) Screening Islands
					(b) Islands Forming the Headlands of a Bay
				(ii) Construction of the Closing Line
				(iii) Choice of Baselines
	Chapter 3: ISLANDS AND STRAIGHT BASELINES
		1. General
		2. Development of the Regime of Straight Baselines
			(1) Historical: Deliberations in Learned International Bodies and at the Hague Conference
			(2) The Anglo-Norwegian Fisheries Case of 1951
			(3) The International Law Commission's Deliberations
			(4) The 1958 Geneva Conference on the Law of the Sea
			(5) The Third Conference on the Law of the Sea
		3. Criteria for the Application of Straight Baselines
			(1) Geographical Conditions
				(i) Coastal Configurations
				(ii) Fringing Islands
			(2) Conformity with the General Direction of the Coast
			(3) The Link with the Land Domain: The Relevance of Economic and Historical Factors
			(4) Length of Baselines
			(5) Non-Exclusion of the Territorial Sea- High Seas/EEZ Link of Another State
		4. The Drawing of Straight Baselines in the Presence of Islands and Related Features
			(1) Coastal Islands
				(i) Fringing Islands
				(ii) Island Clusters
				(iii) Islands Constituting a Promontory
				(iv) Individual Islands
			(2) Low-Tide Elevations
			(3) Insular Features Forming Part of a Delta
			4) Island States, Outlying Islands, Archipelagic States not Qualifying for Archipelagic Straight Baselines and Other Archipelagos
				(i) Island States
				(ii) Dependent Islands
				(iii) Archipelagic States not Qualifying for Archipelagic Straight Baselines
				(iv) Other Archipelagos
			(5) Archipelagic States Qualifying for Archipelagic Straight Baselines
			(6) Island Formations Extending across National Frontiers
	Chapter 4: REEFS AND ATOLLS
		1. On Reefs and Atolls in General
		2. Baselines in Relation to Reefs and Atolls
			(1) General
			(2) Law of the Sea Conferences and the Inclusion of Reefs and Atolls
				(i) Islands Situated on Atolls
				(ii) Islands Having Fringing Reefs
	Chapter 5: MID-OCEAN ARCHIPELAGOS
		1. Introduction
			(1) General
			(2) The Feature
			(3) The Problem
			(4) The Rationale Underlying Archipelagic Claims
				(i) Political and Security Interests, Communications and the Exercise of the Public Law Jurisdiction of the Archipelagic Entity
				(ii) Historical Factors
				(iii) The Unity of the Archipelago as a Natural Feature
				(iv) Economic Considerations
				(v) Preservation of the Environment
				(vi) Factors Emphasized to Assuage International Concern
				(vii)Evaluation
			(5) The Countervailing Interests
			(6) The Evolution of the Archipelago Concept
		2. Delimitation of the Baseline of the Territorial Sea Around Mid-Ocean Archipelagos: Archipelagic Straight Baseline Systems
			(1) General
			(2) The Juridical Basis for Delimiting Archipelagic Straight Baselines
				(i) The Fictive Bay Concept
				(ii) The Normal Straight Baseline- Coastal Archipelago Analogy
				(iii) The Historic Waters Approach
				(iv) The Fictive Island Concept
				(v) The Case for a Special Regime of Archipelagic Straight Baseline Systems
			(3) The Problem of Defining a Mid-Ocean Archipelago: the Criteria for Determining the Applicability of an Archipelagic Straight Baseline System
				(i) The Definition of 'Archipelago'
					(a) The Natural Feature
					(b) Criteria Determining the Requisite Cohesiveness of the Features
				(ii) The Geopolitical Scope of the Regime
					(a) The Question of Archipelagos Constituting Part of a Mainland State: State Archipelagos
					(b) The Archipelagic Entity
			(4) The Regime of Archipelagic Straight Baseline Systems
				(i) General Definitive Criteria
					(a) The Location of Basepoints
					(b) The Geopolitical Factor - Inclusion of the Main Islands
					(c) The Test of Proportionality: The Water-Land Ratio
				(ii) Delimitation of Archipelagic Straight Baselines: Specific Restrictive Criteria
					(a) Limitations on the Length of Straight Baseline Segments
					(b) Conformity with the General Configuration of the Archipelago
					(c) The Integration of Low- Tide Elevations
				(iii) Accommodation of the Interests of Other States
					(a) Avoidance of Screening Effects
					(b) Non-Interference with Existing Rights
				(iv) Public Notification of Archipelagic Baselines
		3. The Archipelagic Regime
			(1) Jurisdictional Limits in Outer Sea Areas
			(2) The Regime of Archipelagic Waters
				(i) Geographical Limits
				(ii) Juridical Status
			(3) Exceptions to the Principle of Sovereignty over Archipelagic Waters
				(i) Established Rights and Preferential Rights
					(a) Preferential Rights of Immediately Adjacent Neighbouring States
					(b) Rights of States under Existing Agreements, and Existing Submarine Cables
				(ii) Rights of Passage through Archipelagic Waters
					(a) The Right of Innocent Passage
					(b) The Question of Passage through Archipelagic Straits and the Regime of Archipelagic Sea-Lanes Passage
			(4) Some Examples of State Practice Relating to Archipelagos
				(i) Ecuador
				(ii) India
				(iii) The Maldives
				(iv) Fiji
PART THREE: THE EFFECT GIVEN ISLANDS IN INTER-STATE DELIMITATION
	Chapter 6: ISLANDS IN INTER-STATE BOUNDARY RIVERS
		1. General
		2. Methods of Delimiting Inter-State Boundaries in Rivers
		3. The Treatment of Islands in Navigable Rivers where the Thalweg Constitutes the Boundary
			(1) General
				(i) The Thalweg as a River Boundary
				(ii) Delimitation According to the Thalweg in the Presence of Islands
					(a) The General Rule
					(b) Application of the Thalweg Rule where a River Splits into Several Navigable Channels as a Result of the Presence of Islands
					(c) Exceptions to the General Rule
			(2) The Effect of a Change in the Geographical Situation
				(i) Alterations in the Thalweg
				(ii) Alterations in the Thalweg and the Effect on Islands
			(3) Changes in the Insular Geography
				(i) Changes in the Occurrence of Islands
					(a) The Emergence of New Islands
					(b) The Case of Islands which Disappear and Reappear
					(c) 'Mobile Islands'
				(ii) Accretionary Changes
					(a) Islands Becoming Joined to a River Bank
					(b) Islands Becoming Joined to Each Other
					(c) Accretions to Islands
				(iii) Fission: An Island is Split into Two or More Parts
		4. The Treatment of Islands in Rivers where the Medium Filum Aquae Constitutes the Boundary
			(1) General
				(i) The Medium Filum Aquae as a River Boundary
				(ii) Delimitation According to the Medium Filum Aquae in the Presence of Islands
					(a) Construction of the Median Line in the Presence of Islands
					(b) Allocation of Sovereignty over Islands: The General Rule
					(c) Islands Located in the Middle of a River
			(2) The Effect of a Change in the Geographical Situation
				(i) Alterations of the Medium Filum Aquae
				(ii) Alterations in the Medium Filum Aquae: The Effect on Islands
			(3) Changes in the Insular Geography
				(i) Changes in the Occurence of Islands
				(ii) Accretionary Changes
		5. The Treatment of Islands in Rivers where the Bank Constitutes the Boundary
			(1) General
				(i) Utilization of the Bank as the Boundary
					(a) Where the Boundary is Constituted by the Banks of the River
					(b) Where the Boundary is Constituted by One Bank
					(c) The Definition of 'Bank'
				(ii) Utilization of the Bank as a Boundary: Determination of the Status of Islands
				(iii) Changes in the Geographical Situation: Alterations of the Bank and Insular Geography
		6. The Treatment of Islands in Rivers where Other Methods of Delimitation are Utilized
			(1) General
			(2) Delimitation According to Straight Line Segments: The Treatment of Islands
			(3) Ad Hoc Treatment
	Chapter 7: ISLANDS IN INTERNATIONAL LAKES
		1. General
		2. Methods of Delimiting Inter-State Boundaries in Lakes
		3. The Treatment of Islands in Delimiting Inter-State Boundaries in Lakes
			(1) The Treatment of Islands in International Lakes where the Median Line Constitutes the Boundary
				(i) Methods of Delimiting Median Line Boundaries in Lakes
					(a) A Line Being at All Points Equally Distant fromEach Shore: The 'Landman's Median'
					(b) A Line Following the General Lines of the Shore Dividing the Surface of the Water Area as Nearly as Practicable into Two Equal Parts: An Approximate Median
					(c) A Line Along the Mid-Channel Dividing theNavigable Portion of the Lake, and Being at All Points Equally Distant from the Shoal Water on Each Shore: The Navigable Median
					(d) A Line Every Point of which is Equidistant from theNearest Point or Points on Opposite Shores of theLake: The Equidistance Line or Theoretical Median
				(ii) The Treatment of Islands
					(a) Allocation of Sovereignty
					(b) Islands as Points of Measurement
			(2) The Treatment of Islands in International Lakes where the Shore Constitutes the Boundary
			3) The Treatment of Islands in International Lakes where the Boundary is Constituted by the Main Navigable Channel or Lacustrine Thalweg
			(4) The Treatment of Islands in International Lakes where the Boundary is Constituted by Geometrical Lines
	Chapter 8: ISLANDS AND THE DELIMITATION OF INTERSTATE MARITIME BOUNDARIES
		1. General
		2. Principles and Methods for the Delimitation of Maritime Boundaries
			(1) Delimitation of the Territorial Sea
				(i) The Conventional Regime of the Territorial Sea: Part I of the 1958 Geneva Convention on the Territorial Sea and Contiguous Zone: The Territorial Sea- Article 12: Inter-State Delimitation
					(a) The Legislative History of the Delimitation Provision
					(b) Analysis of the Rule of Territorial Sea Delimitation
				(ii) The Third United Nations Conference on the Law of the Sea and the Rule for Inter-State Delimitation of the Territorial Sea
				(iii) State Practice in the Delimitation of Territorial Sea Boundaries
			(2) Delimitation of the Contiguous Zone
				(i) The Conventional Regime of the Contiguous Zone: Part II of the 1958 Geneva Convention on the Territorial Sea and Contiguous Zone: The Contiguous Zone - Article 24(3): Inter-State Delimitation
					(a) The Legislative History of the Provision
					(b) Analysis of the Provision
				(ii) The Third United Nations Conference and the Question of Contiguous Zone Delimitation
				(iii) State Practice in the Delimitation of Contiguous Zone Boundaries
			(3) Delimitation of the Continental Shelf
				(i) Article 6 of the 1958 Geneva Convention on the Continental Shelf: The Rule for Inter-State Delimitation of the Continental Shelf
					(a) The Legislative History of Article 6
					(b) Analysis of Article 6
				(ii) The Third United Nations Conference on the Law of the Sea and the Rule for Inter-State Delimitation of the Continental Shelf
				(iii) State Practice in the Delimitation of Continental Shelf Boundaries
			( 4) The Rule for Inter-State Delimitation of the Exclusive Economic Zone
				(i) The Third United Nations Conference on the Law of the Sea and the Rule for Delimitation of the Exclusive Economic Zone
				(ii) State Practice in the Delimitation of Exclusive Economic Zone Boundaries
		3. Equitable Delimitation of Maritime Boundaries
			(1) General
			(2) Historical Development of the Concept of Equitable Delimitation of Maritime Boundaries
			(3) Delimitation in Accordance with Equitable Principles
				(i) The Content and Scope of Equitable Principles
				(ii) Relevant Circumstances
		4. Equidistance as a Method for the Delimitation of Maritime Boundaries
			(1) Equidistance- Principle and Method
			(2) Geometric Techniques for the Construction of Equidistance Lines
			(3) The Construction of an Equidistance Line in the Presence of Islands
			(4) Equidistance as a Method for the Delimitation of Maritime Boundaries
			(5) Equidistance- Special Circumstances: Inequities Associated with Equidistance Lines and Possible Remedies with Reference to Islands
				(i) The Effect of Islands on Lines of Equidistance- ThePotential for Inequity
				(ii) Means of Abating the 'Disproportionate' Effects of Islands in the Context of Equidistance Boundaries 352(a) No Effect to Islands
					(a) No Effect to Islands
					(b) Partial or Reduced Effect (1) - Half Effect
					(c) Partial or Reduced Effect (2)- Other Values
					(d) Enclave Solutions- Enclaves and Semi-Enclaves
					(e) Areal Exchanges
					(f) Avoidance- Joint Development Zones and Other Arrangements
		5. The Role of Islands in the Delimitation of Maritime Boundaries: An Objective Analysis of the Practice of States
			(1) General
			(2) Territorial Sea Boundaries
				(i) State Practice
				(ii) Conclusions
			(3) Maritime Boundaries Beyond the Territorial Sea
				(i) State Practice
				(ii) Conclusions
Selected Bibliography
List of Figures
Index of Islands
General Index
About the Author