Islands and Rocks: moving towards certainty on the interpretation of Article 121 of the Law of the Sea Convention?

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dc.contributor.advisorLau Young, Michaen_ZA
dc.contributor.authorRebelo, Xavieren_ZA
dc.date.accessioned2017-09-26T14:55:00Z
dc.date.available2017-09-26T14:55:00Z
dc.date.issued2017en_ZA
dc.description.abstractThe regime of islands, as captured in Article 121 of the United Nations Convention on the Law of the Sea (LOSC) grants a 200 nautical mile exclusive economic zone and continental shelf to all islands apart from "rocks which cannot sustain human habitation or economic life of their own." The provision was undoubtedly drafted in an intentionally ambiguous manner in order to strike a compromise between the contrasting views of States surrounding the regime of islands. Consequently, Article 121 is riddled with textual ambiguities. For example, the text does not further define the word "rock"; nor does the provision explain what it means to "sustain human habitation or economic life". As a result of these ambiguities, many States are of the opinion that Article 121 allocates a 200 nautical mile zone to every piece of land that protrudes above water. This provision is problematic as it potentially allocates vast amounts of ocean space to nations claiming sovereignty over tiny uninhabited islands speckled throughout the oceans, severely limiting the space that remains for the "common heritage of mankind". In addition, the ambiguous wording of Article 121 has resulted in various territorial disputes between nations in relation to both the interpretation and application of the Article. This dissertation seeks primarily to investigate whether the international community is moving towards certainty on the interpretation of Article 121 of the LOSC, with particular reference to the distinction between islands and rocks. In doing so, this dissertation will explore the body of jurisprudence of international courts and tribunals insofar as it relates to Article 121 of the LOSC. This is a fruitful exercise as any clarification in this regard will undoubtedly unify State practice surrounding the application of Article 121. This may have the effect of reducing conflict between States and ensuring that ocean spaces around insular formations are apportioned in an equitable and standardised manner.en_ZA
dc.identifier.apacitationRebelo, X. (2017). <i>Islands and Rocks: moving towards certainty on the interpretation of Article 121 of the Law of the Sea Convention?</i>. (Thesis). University of Cape Town ,Faculty of Law ,Institute of Marine and Environmental Law. Retrieved from http://hdl.handle.net/11427/25401en_ZA
dc.identifier.chicagocitationRebelo, Xavier. <i>"Islands and Rocks: moving towards certainty on the interpretation of Article 121 of the Law of the Sea Convention?."</i> Thesis., University of Cape Town ,Faculty of Law ,Institute of Marine and Environmental Law, 2017. http://hdl.handle.net/11427/25401en_ZA
dc.identifier.citationRebelo, X. 2017. Islands and Rocks: moving towards certainty on the interpretation of Article 121 of the Law of the Sea Convention?. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Rebelo, Xavier AB - The regime of islands, as captured in Article 121 of the United Nations Convention on the Law of the Sea (LOSC) grants a 200 nautical mile exclusive economic zone and continental shelf to all islands apart from "rocks which cannot sustain human habitation or economic life of their own." The provision was undoubtedly drafted in an intentionally ambiguous manner in order to strike a compromise between the contrasting views of States surrounding the regime of islands. Consequently, Article 121 is riddled with textual ambiguities. For example, the text does not further define the word "rock"; nor does the provision explain what it means to "sustain human habitation or economic life". As a result of these ambiguities, many States are of the opinion that Article 121 allocates a 200 nautical mile zone to every piece of land that protrudes above water. This provision is problematic as it potentially allocates vast amounts of ocean space to nations claiming sovereignty over tiny uninhabited islands speckled throughout the oceans, severely limiting the space that remains for the "common heritage of mankind". In addition, the ambiguous wording of Article 121 has resulted in various territorial disputes between nations in relation to both the interpretation and application of the Article. This dissertation seeks primarily to investigate whether the international community is moving towards certainty on the interpretation of Article 121 of the LOSC, with particular reference to the distinction between islands and rocks. In doing so, this dissertation will explore the body of jurisprudence of international courts and tribunals insofar as it relates to Article 121 of the LOSC. This is a fruitful exercise as any clarification in this regard will undoubtedly unify State practice surrounding the application of Article 121. This may have the effect of reducing conflict between States and ensuring that ocean spaces around insular formations are apportioned in an equitable and standardised manner. DA - 2017 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2017 T1 - Islands and Rocks: moving towards certainty on the interpretation of Article 121 of the Law of the Sea Convention? TI - Islands and Rocks: moving towards certainty on the interpretation of Article 121 of the Law of the Sea Convention? UR - http://hdl.handle.net/11427/25401 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/25401
dc.identifier.vancouvercitationRebelo X. Islands and Rocks: moving towards certainty on the interpretation of Article 121 of the Law of the Sea Convention?. [Thesis]. University of Cape Town ,Faculty of Law ,Institute of Marine and Environmental Law, 2017 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/25401en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentInstitute of Marine and Environmental Lawen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.subject.otherEnvironmental and Marine Lawen_ZA
dc.titleIslands and Rocks: moving towards certainty on the interpretation of Article 121 of the Law of the Sea Convention?en_ZA
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationnameLLMen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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