Publications

This is a searchable catalogue of the College's most recent books and working papers. Other papers and publications can be found on SSRN and the ANU Researchers database.

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Artificial Islands and Territory in International Law

Author(s): Imogen Saunders

Artificially created islands are a contemporary reality, created and used for military and non-military purposes. Analysis of such islands has largely been limited to their status under United Nations Convention on the Law of the Sea (UNCLOS) regime. Their position under general international law, however, remains unclear. In particular, the question of whether artificial islands can constitute sovereign territory remains unanswered. This article analyses the concept of territory in international law in the context of artificial islands, arguing that both the doctrine of territory and the strictures of UNCLOS do not prevent artificial islands as constituting territory, capable of sovereign appropriation: albeit territory not generating a territorial sea. Indeed, understanding artificial islands as potentially constituting territory allows for a more comprehensive positioning of such islands in regards to other general international law doctrines including the unlawful acquisition of territory.

Read on SSRN

Centre: CIPL

Research theme: International Law, Legal History and Ethnology

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