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Legal Status of Artificial Islands and Installations On The Continental Shelf
Legal Status of Artificial Islands and Installations On The Continental Shelf
Submitted by:
Mohith S
2nd Semester
LLB Regular
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Introduction
“The continental shelf of a coastal State comprises the seabed and subsoil of
the submarine areas that extend beyond its territorial sea throughout the
natural prolongation of its land territory to the outer edge of the continental
margin, or to a distance of 200 nautical miles from the baselines from which the
breadth of the territorial sea is measured where the outer edge of the
continental margin does not extend up to that distance”
Article 77 empowers the coastal State to exercise sovereign rights over the
continental shelf for the purpose of exploring it and exploiting its natural
resources. The rights of the Coastal State over the continental shelf do not
depend on occupation, effective, or notional, or on any express proclamation.
According to Article 78, the rights of the coastal State over the continental
shelf do not affect the legal status of the superjacent waters or of the air space
above those waters. However, the exercise of the rights of the coastal State
over the continental shelf must not infringe or result in any unjustifiable
interference with navigation and other rights and freedoms of other States.
(b) Installations and structures for the purposes provided for in article 56 and
other economic purposes;
(c) Installations and structures which may interfere with the exercise of the
rights of the coastal State in the zone.
Article 121(1) defines the ‘Island’ as “An island is a naturally formed area of
land, surrounded by water, which is above water at high tide.”. Rocks which
cannot sustain human habitation or economic life of their own shall have no
exclusive economic zone or continental shelf.
However the Convention does not formally define ‘Artificial Islands’. Various
academicians have generally defined Artificial Islands as ‘a man-made
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structure in the territorial sea, in the EEZ or on the continental shelf which is
usually used to explore or exploit marine resources. These may also be built for
other purposes, such as marine scientific research and tide observations.’
i. The coastal State shall have exclusive jurisdiction over such artificial
islands, installations and structures, including jurisdiction with regard
to customs, fiscal, health, safety and immigration laws and regulations.
ii. The coastal State may, where necessary, establish reasonable safety
zones around such artificial islands, installations and structures in
which it may take appropriate measures to ensure the safety both of
navigation and of the artificial islands, installations and structures.
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Legal Regime of Artificial Islands and Installations on the Continental
Shelf
Coastal States have sovereign rights over the continental shelf, the national
area of the sea-bed, for exploring and exploiting it. The continental shelf can
extend at least 200 nautical miles from the shore, and more under specified
circumstances. On the High Seas, all States enjoy the freedoms of navigation,
over flight, scientific research, fishing, laying of submarine cables and
pipelines and the establishment of artificial islands and installations.
In this context, an issue to be considered is the fact that the regime that
governs the continental shelf in the UNCLOS 1982 differs from the regime
which governs the waters above the continental shelf.
In the Matter of the South China Sea Arbitration (Philippines/China), PCA Case
No. 2013-19, Award (12 July 2016), the facts were as follows:
The Tribunal thus concluded that “China’s violation of its obligations [is]
manifest.”
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Conclusions
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References
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