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Low-tide elevations and artificial islands have received less attention than islands ‘proper’. The article examines the evolution of the law of the sea applicable to such features, providing a contextual background for controversial contemporary state practice relating to their treatment. It includes a detailed case study of how the policies of one major maritime power, the United Kingdom, were formulated, adapted and refined in the face of fast-changing international legal norms and pressing regional concerns. In particular Britain’s consideration of the entitlement of artificial islands in the Persian Gulf during the early 1950s and the question of whether low-tide elevations could be occupied a few years later in the Caribbean region are examined. Subsequent clarifications of relevant positions in international law concerning sovereignty claims to and maritime claims from low-tide elevations and artificial islands are discussed.
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See Presidential Proclamation No 2667, ‘Policy of the United States With Respect to the Natural Resources of the Subsoil and Sea Bed of the Continental Shelf,’ 28 September 1945, Federal Register 12303; 59 us Stat 884; 3 cfr 1943–1948 Comp, at 67; xiii Bulletin, Department of State, No 327, 30 September 1945, at 485. Copy included in Edward Duncan Brown, The International Law of the Sea, Vol ii (Aldershot, 1994), at 113.
Minute by Broughton, supra note 16.
Minute by Hopkins, supra note 21.
See Jayewardene, supra note 58, at 7.
See Charney and Alexander, supra note 8, at 1,891-1,900; see also Christopher M Carleton and Clive Schofield, ‘Developments in the Technical Determination of Maritime Space: Charts, Datums, Baselines, Maritime Zones and Limits’ (2001) 3:3 Maritime Briefing, at 23–24.
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Low-tide elevations and artificial islands have received less attention than islands ‘proper’. The article examines the evolution of the law of the sea applicable to such features, providing a contextual background for controversial contemporary state practice relating to their treatment. It includes a detailed case study of how the policies of one major maritime power, the United Kingdom, were formulated, adapted and refined in the face of fast-changing international legal norms and pressing regional concerns. In particular Britain’s consideration of the entitlement of artificial islands in the Persian Gulf during the early 1950s and the question of whether low-tide elevations could be occupied a few years later in the Caribbean region are examined. Subsequent clarifications of relevant positions in international law concerning sovereignty claims to and maritime claims from low-tide elevations and artificial islands are discussed.
All Time | Past Year | Past 30 Days | |
---|---|---|---|
Abstract Views | 997 | 110 | 9 |
Full Text Views | 286 | 13 | 2 |
PDF Views & Downloads | 157 | 36 | 6 |