Part of the CIPL Monthly Talk series series
The construction of artificial islands by coastal states within their claimed maritime zones raises a series of fundamental issues for international law and the law of the sea. While some of these activities may be entirely consistent with coastal state territorial sea rights, the construction of artificial islands above disputed maritime features and/or maritime features that do not otherwise generate a territorial sea is legally dubious. Artificial islands and installations may also be built in the exclusive economic zone and atop the continental shelf but these features do not possess the status of islands under Article 121 of the 1982 UN Convention on the Law of the Sea. This seminar addresses these issues in the context of recent developments in the South China Sea.
Donald R Rothwell is Professor of International Law, and Deputy Dean at the ANU College of Law, the Australian National University where he has taught since July 2006. His research has a specific focus on law of the sea, law of the polar regions, and implementation of international law within Australia as reflected in over 200 articles, book chapters and notes in international and Australian publications. Rothwell has authored, co-authored or edited 20 books including most recently Rothwell, Oude Elferink, Scott and Stephens (eds), The Oxford Handbook of the Law of the Sea (OUP, 2015). The 2nd edition of his major work with Stephens, The International Law of the Sea (Hart), is currently in production. Rothwell is also Co-Editor of the Australian Year Book of International Law and since 2012 has been Rapporteur of the International Law Association (ILA) Committee on ‘Baselines under the International Law of the Sea’.