DOCSLIB.ORG

Artificial Islands, Installations and Related Activities by Non-State Actors

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Artificial Islands, Installations and Related Activities by Non-State Actors Artificial Islands, Installations and Related Activities by Non-State Actors ICLOS Conference 2018, 21-22 Nov, 2018, Bandung UNCLOS & ARTIFICIAL ISLANDS BEYOND NATIONAL JURISDICTION Session II – Theoretical and Legal Developments of Artificial Islands Youna Lyons, Centre for International Law, National University of Singapore Outline Introduction - Definitions Part 1 – Existing and Prospective Activities from artificial islands and installations in ABNJ Part 2 – Key Features of the International Legal Framework Part 3 – Gaps and Challenges Part 4 – Possible paths forward Introduction Definitions . Artificial island = man-made, not naturally formed and therefore not an ‘island’ which can generate maritime zones . Difference between offshore installations, structures and artificial islands? . Distinction may be theoretical as the High Seas freedom of UNCLOS art 87(1)(d) applies to the construction of artificial islands and other installations permitted under international law . No definition and no indication of the activity which may be carried out from this installation other than it would be permitted under international law . Human settlement, fisheries/aquaculture, energy production, geo-engineering, scientific research, etc… 1/3 Introduction Definitions . Immovable or also movable? An ongoing debate. Islands may be seen as immovable by nature whereas installations can also be immovable . Permanent or temporary? . Fixed or floating or drifting and non- propelled? Floating instrument platform (FLIP) - A RV operated by Scripps Institution of Oceanography which can operate in https://ttalents.com/futuristic-floating-city/ vertical and horizontal positions 2/3 Introduction Definitions . Above water or also in the water column? . ABNJ= In the High Seas or in the Area . Excludes mining (ECS or Area) 3/3 Part 1 – Existing and prospective activities Human Settlements Solution for rising pacific sea levels (ourworld.unu.edu) Vincent Callebaut Architectures – www.vincentcallebaut.org https://ourworld.unu.edu/en/artificial-island-could-be-solution-for-rising-pacific-sea-levels 1/14 Part 1 – Existing and prospective activities Human Settlements And Mixed Uses https://www.scidev.net/asia- pacific/engineering/news/artificial-islands-offer-an-option-to- low-lying-states.html https://bbih.nl/blog/the- artificial-islands-of-dubai/ 2/14 Part 1 – Existing and prospective activities Human Settlements and Mixed Uses 3/14 Part 1 – Existing and prospective activities . X Part 1 – Existing and prospective activities Hotel Projects 5/14 Part 1 – Existing and prospective activities Economic uses Dogger Bank in the North Sea - https://www.bbc.com/news/uk-england-humber-42552319 Dutch Energy Company Tennet is considering possibilities ‘far out at sea’ to meet future wind energy needs 6/14 Part 1 – Existing and prospective activities Economic uses - Energy Transportable Nuclear Power Plants (TNPP) A new type of FPSO and FSUs 6/14 Part 1 – Existing and prospective activities Aquaculture Activities Or a large kelong? 7/14 Part 1 – Existing and prospective activities Aquaculture Ocean Farm 1- https://www.fishfarmingexpert.com/article/salm ar-buys-into-plan-for-huge-high-seas-salmon- farm/ Projected SalMar Farm (can hold 12,000t of fish) https://www.fishfarmingexpert.c om/article/salmar-buys-into- plan-for-huge-high-seas-salmon- farm/ 160m in diameter and semi- submersible 8/14 Part 1 – Existing and prospective activities Aquaculture and ocean farming activities, including re-stocking 9/14 Part 1 – Existing and prospective activities Geo-engineering applications . Ice911 . Considers that the melting of Arctic sea ice contributes 1/3 of the increase in temperature . Pilot installation on a surface of 3 football fields of sea ice . Proposes to use silicate (reflective sand) to restore the Arctic sea ice 10/14 Part 1 – Existing and prospective activities Open Ocean Clean-up 1-2km long X 50 to 60 floating arrays in each ocean gyre 11/14 Part 1 – Existing and prospective activities Marine Scientific Research . X http://www.goosocean.org/index.php?option=com_content&view=article&id =45&Itemid=145 12/14 Part 1 – Existing and prospective activities Marine Scientific Research http://www.goosocean.org/index.php?option=com_content&view=article&id =45&Itemid=145 13/14 Part 1 – Existing and prospective activities Global distribution of large seamounts https://www.sciencelearn.org.nz/images/1552-global-distribution-of-large-seamounts 14/14 Part 1 – Existing and prospective activities Global distribution of large seamounts 14/14 Youna Lyons Spratlys’ Geographic Features – Maritime Zones based on the 12 July 2016 Arbitral Award Centre for International Law 9 January 2017 Flat Island Vietnam Amy Douglas Bank Lys Shoal and Trident Shoal Reed Tablemount Marie Louise Reef North Reef North Reef Northeast Cay North Danger Reef Nares Bank Pennsylvania North Reef Eastern Reefs South Reef Meiju Reefs Southwest Cay Lamkiam Cay Brown, Leslie, Templer Eldad Reef Loaita Cay and Thitu Island West York Island Thitu Reefs and Wood Banks Gaven Reefs Loaita Nan Sandy Cay Loaita Island Subi Reef Hopkins Reef Itu Aba Seahorse Shoal Namyit Island Kugui Reefs Irving Reef Nanshan Island Petley Reef Menzies Reef Loaita Bank Iroquois and Sin Cowe Island Baker Reefs Bamford Reef Sand Cay Tizard Bank Hopps Reef Jackson Atoll Foulerton Reef Zhongzhou Reef Pennsylvania South Collins Reef Western Reef Southern Bank Edmond Reef Livock Reef Reef Empire Reef Discovery Great Reef Hardy Reef Sao Bank Gent Reef Discovery Small Reef Grierson Reef Mischief Reef Sabina Shoal Hallet Reef Union Reefs Higgens Reef Fiery Cross Reef Second Thomas Shoal Boxall Reef Holiday Reef Alicia Annie Reef Bombay Shoal Hughes Reef Johnson South Reef Maralie Reef First Thomas Shoal Investigator Northeast Shoal Jones Reef Loveless Reef Pearson Reef McKennan Reef Central Reef Pigeon Reef Royal Captain Shoal West Reef Cuarteron Reef Alison Reef Ross Reef Half Moon Shoal Philippines Sin Cowe Island East Reef Ladd Reef Tetley Reef Cornwallis South Reef Unnamed Reef 1 Spratly Island Whitsun Reef Barque Canada Reef Deane Reef Prince of Wales Bank Commodore Reef Dickinson Reef Erica Reef Hampson Reef Hoare Reef Prince Consort Bank Alexandra Bank Amboyna Cay Investigator Shoal Mariveles Reef Petch Reef Ardasier Reef Ardasier Bank Grainger Bank Dallas Reef Rifleman Bank Vanguard Bank Swallow Reef Bombay Reef Erjiao Reef Legend Kingston Shoal Langkou Reef Johnson Patches Royal Charlotte Reef Xiantou Reef 12 NM arc around confirmed Orleana Shoal High Tide Features in Award 12 NM arc around likely High Tide Features 12 NM arc around possible Louisa Reef High Tide Features High Sea North Luconia Shoals Extended continental shelf (claimed) Seahorse Breakers Continental shelf or extended Hayes Reef Malaysia continental shelf boundary Herald Reef Luconia Breakers (claimed) Comus Shoal Stigant Reef South Luconia Shoals EEZ boundary (disputed) Brunei Darussalam Part 2 – Key Features of the International Legal Framework Freedoms of the High Seas … . Freedom of construction of artificial islands and other installations is one of the 6 Freedoms of the High Seas (UNCLOS art 87) . High Seas Freedoms are held by States, not by individuals . Underlying assumption that individuals and private entities may benefit from these freedoms under the authorisation of a State . Activities in ABNJ are now often handled by private entities . Whereas States are party to international organisations and mechanisms for State cooperation, private entities are not always 1/2 Part 2 – Key Features of the International Legal Framework Freedoms of the High Seas … are subject to obligations of due regard for other activities and obligation to protect and preserve the marine environment . Exercise of due regard by the State / Can the private entity do it? How? . Due to regard to other legitimate uses of the sea including other freedoms: shipping, fisheries, mining, research, etc. Obligation of the State to ensure that activities under its jurisdiction and control do not cause substantial pollution of or significant and harmful changes to the marine environment (UNCLOS Art 194(2) . Protection of rare or fragile ecosystems, habitats of endangered species (UNCLOS Art 194(5)) 2/2 Part 3 – Gaps and Challenges State Responsibility to exercise jurisdiction and control . State with jurisdiction and control . The flag State(s) of the vessel(s) that may have deployed some of the activity . The flag State(s) of the vessel(s) that have been servicing the activity? . The States of nationals involved in the operation? . The State in which private entities involved are incorporated? 1/4 Part 3 – Gaps and Challenges State Responsibility to exercise jurisdiction and control and the obligation to act with ‘due diligence’ to protect and preserve the marine environment . ‘Obligation to ensure’ that activities are so conducted as to not cause damage to the marine environment is an obligation of due diligence - An obligation ‘to deploy adequate means to exercise best possible efforts, to do the utmost to obtain this result’ . ‘Due diligence’ is a ‘variable concept’ that ‘may change over time as measures considered sufficiently diligent at a certain moment may become not diligent enough in light, for instance, of new scientific or technological knowledge’ 2/4 Part 3 – Gaps and Challenges State Responsibility to exercise jurisdiction and control and the obligation to act with ‘due diligence’ to protect and preserve the marine environment . It includes an obligation to adopt all the appropriate
Load more

Recommended publications
  • An Incident in the South China Sea
    An Incident in the South China Sea Rob McLaughlin 96 INT’L L. STUD. 505 (2020) Volume 96 2020 Published by the Stockton Center for International Law ISSN 2375-2831 An Incident in the South China Sea Vol. 96 An Incident in the South China Sea Rob McLaughlin CONTENTS I. Introduction (The Situation) ................................................................. 506 II. Assessment Methodology ...................................................................... 508 A. The Location of the Incident ......................................................... 509 B. Characterizing the Actors .............................................................. 516 C. Assessing the Incident ..................................................................... 524 III. Conclusion ............................................................................................... 528 Rob McLaughlin is Professor of International Law at the Australian National Centre for Ocean Resources and Security, Professor of Military and Security Law at UNSW Can- berra, and Senior Fellow at the Stockton Centre for International Law. The thoughts and opinions expressed are those of the author and not necessarily those of the U.S. government, the U.S. Department of the Navy, or the U.S. Naval War College. 505 International Law Studies 2020 I. INTRODUCTION (THE SITUATION) A NATO warship is in transit near Subi Reef, a low-tide elevation (LTE)1 that features an artificial installation, built and occupied by the People’s Re- public of China (PRC).2 Subi Reef is in the vicinity of Thitu Island, a rock3 Tthat also contains a Philippines-occupied feature.4 The NATO warship has a short “tail,” an antisubmarine warfare towed sonar array, deployed in the water and trailing the vessel. OA flotilla of Chinese fishing vessels, apparently operating in concert, ma- neuver to impede the transit of the warship, which at this time is located less Wthan ten nautical miles from Subi Reef, and approximately fourteen nautical miles from Thitu Island.
    [Show full text]
  • Drawing a Line in the South China Sea
    Basepoints and Equity: Drawing a line in the South China Sea Robin Cleverly Marbdy Consulting Ltd New Approaches to the South China Sea Conflicts University Of Oxford, 19-20th October, 2017 Maritime Zones: straight and Taiwan archipelagic baselines PR China Territorial Sea S O U T H C H I N A S E A Vietnam Philippines Internal water Brunei Sabah Archipelagic water Indonesia Malaysia 1 200M Limits from Taiwan Mainlands PR China Area >200M Vietnam Philippines 200M EEZ + Continental Shelf Brunei Sabah Indonesia Malaysia 2 Bathymetry Very deep ocean >5000m Deep ocean >4000m Intermediate shelf ~2000m Shallow shelf ~100m 3 Outer Continental Shelf Taiwan PR China Oceanic crust Vietnam Philippines Brunei Indonesia Malaysia 4 Outer Continental Shelf Taiwan PR China Oceanic Vietnam’s crust Partial Submission Malaysia/Vietnam Vietnam Joint Submission Philippines Brunei Indonesia Malaysia 5 Outer Continental Shelf Taiwan PR China Possible area beyond CS Outer Continental Shelf >200M Vietnam Philippines 200M EEZ + Continental Shelf Brunei Sabah Indonesia Malaysia 6 South China Sea: Islands Taiwan Prata Island PR China Paracel Islands Scarborough Reef Vietnam Spratly Islands Philippines Brunei Sabah Indonesia Malaysia 7 200M EEZ from all features Taiwan Prata Island PR China Scarborough Paracel Reef Islands Vietnam Spratly Islands Philippines Brunei Indonesia Malaysia 19 Law of the Sea Convention: Regime of Islands Article 121: Regime of islands 1. An island is a naturally formed area of land, surrounded by water, which is above water at high tide. 2. Except as provided for in paragraph 3, the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf of an island are determined in accordance with the provisions of this Convention applicable to other land territory.
    [Show full text]
  • China Versus Vietnam: an Analysis of the Competing Claims in the South China Sea Raul (Pete) Pedrozo
    A CNA Occasional Paper China versus Vietnam: An Analysis of the Competing Claims in the South China Sea Raul (Pete) Pedrozo With a Foreword by CNA Senior Fellow Michael McDevitt August 2014 Unlimited distribution Distribution unlimited. for public release This document contains the best opinion of the authors at the time of issue. It does not necessarily represent the opinion of the sponsor. Cover Photo: South China Sea Claims and Agreements. Source: U.S. Department of Defense’s Annual Report on China to Congress, 2012. Distribution Distribution unlimited. Specific authority contracting number: E13PC00009. Copyright © 2014 CNA This work was created in the performance of Contract Number 2013-9114. Any copyright in this work is subject to the Government's Unlimited Rights license as defined in FAR 52-227.14. The reproduction of this work for commercial purposes is strictly prohibited. Nongovernmental users may copy and distribute this document in any medium, either commercially or noncommercially, provided that this copyright notice is reproduced in all copies. Nongovernmental users may not use technical measures to obstruct or control the reading or further copying of the copies they make or distribute. Nongovernmental users may not accept compensation of any manner in exchange for copies. All other rights reserved. This project was made possible by a generous grant from the Smith Richardson Foundation Approved by: August 2014 Ken E. Gause, Director International Affairs Group Center for Strategic Studies Copyright © 2014 CNA FOREWORD This legal analysis was commissioned as part of a project entitled, “U.S. policy options in the South China Sea.” The objective in asking experienced U.S international lawyers, such as Captain Raul “Pete” Pedrozo, USN, Judge Advocate Corps (ret.),1 the author of this analysis, is to provide U.S.
    [Show full text]
  • The Spratly Islands Administered by the Individual States of the Region and the Boundaries of Claims Versus the Exclusive Econom
    The Spratly Islands administered by the individual states of the region and the boundaries of claims versus the exclusive economic zones and the boundaries of the continental shelf 0 25 50 75 100 km 0 25 50 75 100 NM 2009 VIETNAM 1974 Northeast Cay Southwest Cay Block Claim Vietnam Petroleum South Reef West York Island Thitu Island Subi Reef Irving Reef Flat Island Loaita Cay Nanshan Island Lankiam Cay Loaita Island a e Centre Cay Petley Reef S Itu Aba Island Sand Cay Gaven Reef a Namyit Island n i Discovery Great Reef 1979 Hughes Reef Mischief Reef h Sin Cowe Island C (Union Banks) Grierson Reef Collins Reef Higgens Reef Second Lansdowne Reef Thomas Shoal h Johnson South Reef t u Fiery Cross Reef First o Bombay Castle S Thomas Shoal 2009 2009 (London Reefs) PHILIPPINES Central Reef Pearson Reef Pigeon Reef 1979 West Reef Cuarteron Reef East Reef Alison Reef Ladd Reef Cornwallis South Reef Spratly Island Commodore Reef Prince of Wales Bank Barque Canada Reef Erica Reef Investigator Shoal Alexandra Bank Mariveles Reef Prince Consort Bank Amboyna Cay Grainger Bank Rifleman Bank Ardasier Reef Vanguard Bank Swallow Reef 1979 1979 The boundaries of the claims in the South China Sea have not been precisely delimited. This is their approximate location, presented for illustrative purposes only. for illustrative location, presented delimited. This is their approximate precisely not been Sea have the claims in the South China The boundaries of : MALAYSIA © / Reservation LEGEND Areas of land (islands, cays, reefs, rocks): Submerged areas and areas only partly above water: Boundaries of claims submitted by: Boundaries of the exclusive economic zones delimited pursuant to the ruling of the Permanent Court of Arbitration in The Hague issued in 2016 (case number 2013–19) and in line with the UNCLOS, i.e.
    [Show full text]
  • Expansion and Military Deployment on Vietnamese-Occupied Features in the Spratly Islands
    Expansion and Military Deployment on Vietnamese-Occupied Features in the Spratly Islands Chen Qi April 6, 2021 About SCSPI With a view to maintaining and promoting the peace, stability and prosperity of the South China Sea, we launched the South China Sea Strategic Situation Probing Initiative (SCSPI). The Initiative aims to integrate intellectual resources and open source information worldwide and keep track of important actions and major policy changes of key stakeholders and other parties involved. It provides professional data services and analysis reports to parties concerned, helping them keep competition under control, and with a view to seek partnerships. Limited Print and Electronic Distribution Rights: This document, printed by SCSPI, is protected by law. Unauthorized posting of this publication online is prohibited. Permission is required from SCSPI to reproduce, or reuse in another form, any of its research documents for commercial use. Email: [email protected] Web: http://www.scspi.org/ Twitter: @SCS_PI © Copyright 2021 SCSPI. All Rights Reserved i Content About SCSPI................................................................................................... i I. Construction in the Early Stage ................................................................. 3 II. Massive Land Reclamation .................................................................... 12 III. Military Deployment on Vietnam-Occupied Features .......................... 30 IV. Conclusion ............................................................................................. 51 Expansion and Military Deployment on Vietnamese-Occupied Features in the Spratly Islands Chen Qi In 1975, Vietnam went back on its long-standing position over Spratly islands in the South China Sea – these islands are part of China’s territory – and occupied five ‘features seized by the Republic of Vietnam, or South Vietnam with its capital in Saigon, in the name of “emancipating Quan Dao Truong Sa” (an illegal name of the main islands and reefs of Spratly Islands coined by Vietnam).
    [Show full text]
  • Malaysia and Brunei: an Analysis of Their Claims in the South China Sea J
    A CNA Occasional Paper Malaysia and Brunei: An Analysis of their Claims in the South China Sea J. Ashley Roach With a Foreword by CNA Senior Fellow Michael McDevitt August 2014 Unlimited distribution Cleared for public release This document contains the best opinion of the authors at the time of issue. It does not necessarily represent the opinion of the sponsor. Cover Photo: South China Sea Claims and Agreements. Source: U.S. Department of Defense’s Annual Report on China to Congress, 2012. Distribution Distribution unlimited. Specific authority contracting number: E13PC00009. Copyright © 2014 CNA This work was created in the performance of Contract Number 2013-9114. Any copyright in this work is subject to the Government's Unlimited Rights license as defined in FAR 52-227.14. The reproduction of this work for commercial purposes is strictly prohibited. Nongovernmental users may copy and distribute this document in any medium, either commercially or noncommercially, provided that this copyright notice is reproduced in all copies. Nongovernmental users may not use technical measures to obstruct or control the reading or further copying of the copies they make or distribute. Nongovernmental users may not accept compensation of any manner in exchange for copies. All other rights reserved. This project was made possible by a generous grant from the Smith Richardson Foundation Approved by: August 2014 Ken E. Gause, Director International Affairs Group Center for Strategic Studies Copyright © 2014 CNA Foreword This is the second of three legal analyses commissioned as part of a project entitled, “U.S. Policy Options in the South China Sea.” The objective in asking experienced U.S international lawyers, such as Captain J.
    [Show full text]
  • Wp19cover Copy
    YUSOF ISHAK NALANDA-SRIWIJAYA CENTRE INSTITUTE WORKING PAPER SERIES NO. 19 EARLY VOYAGING IN THE SOUTH CHINA SEA: IMPLICATIONS ON TERRITORIAL CLAIMS The clipper Taeping under full sail. Photograph of a painting by Allan C. Green 1925 [public domain]. Credit: State Library of Victoria. Michael Flecker YUSOF ISHAK INSTITUTE NALANDA-SRIWIJAYA CENTRE WORKING PAPER SERIES NO. 19 (Aug 2015) EARLY VOYAGING IN THE SOUTH CHINA SEA: IMPLICATIONS ON TERRITORIAL CLAIMS Michael Flecker Michael Flecker has 28 years of experience in searching for and archaeologically excavating ancient shipwrecks, specialising in the evolution and interaction of various Asian shipbuilding traditions. In 2002 he received a PhD from the National University of Singapore based on his excavation of the 10th century Intan Wreck in Indonesia. His thesis was published as a book by the British Archaeological Report Series (2002). Other works include the book, Porcelain from the Vung Tau Wreck (2001), contributions to Shipwrecked: Tang Treasures and Monsoon Winds (2010) and Southeast Asian Ceramics: New Light on Old Pottery (2009), as well as numerous articles in the International Journal of Nautical Archaeology, the Mariner's Mirror and World Archaeology. Email: mdfl[email protected] The NSC Working Paper Series is published Citations of this electronic publication should be electronically by the Nalanda-Sriwijaya Centre of made in the following manner: ISEAS - Yusok Ishak Institute Michael Flecker, Early Voyaging in the South China Sea: Implications on Territorial Claims, © Copyright is held by the author or authors of each Nalanda-Sriwijaya Centre Working Paper No Working Paper. 19 (Aug 2015). NSC WPS Editors: NSC Working Papers cannot be republished, reprinted, or Andrea Acri Terence Chong Joyce Zaide reproduced in any format without the permission of the paper’s author or authors.
    [Show full text]
  • Artificial Islands in the South China Sea
    OSR Journal of Student Research Volume 4 Article 1 2016 Artificial Islands in the South China Sea Aaron Holmes California State University, San Bernardino Follow this and additional works at: https://scholarworks.lib.csusb.edu/osr Part of the Architecture Commons, Arts and Humanities Commons, Business Commons, Education Commons, Engineering Commons, Law Commons, Life Sciences Commons, Medicine and Health Sciences Commons, Physical Sciences and Mathematics Commons, and the Social and Behavioral Sciences Commons Recommended Citation Holmes, Aaron (2016) "Artificial Islands in the South China Sea," OSR Journal of Student Research: Vol. 4 , Article 1. Available at: https://scholarworks.lib.csusb.edu/osr/vol4/iss1/1 This Article is brought to you for free and open access by the Office of Student Research at CSUSB ScholarWorks. It has been accepted for inclusion in OSR Journal of Student Research by an authorized editor of CSUSB ScholarWorks. For more information, please contact [email protected]. Holmes: Artificial Islands in the South China Sea Artificial Islands in the South China Sea AARON HOLMES, Class of 2017, National Security Studies Mentor: Normal Meek, Professor, Geography & Environmental Studies ABSTRACT: The purpose of this study was to understand the value and implications of artificial islands constructed by the People's Republic of China (PRC) in the South China Sea. Qualitative analysis was used with the available literature, sources, and treaties of the topics concerned. The paper concludes that the PRC gains many benefits primarily within the realm of energy security and explores what effects they may KEYWORDS: China, South China Sea, Spratly Islands, Artificial Islands INTRODUCTION Taiwan, all of the countries with claims in the Artificial islands in the South China Sea South China Sea have ratified UNCLOS.
    [Show full text]
  • Bill No. ___ an ACT IDENTIFYING the PHILIPPINE MARITIME
    Bill No. ___ AN ACT IDENTIFYING THE PHILIPPINE MARITIME FEATURES OF THE WEST PHILIPPINE SEA, DEFINING THEIR RESPECTIVE APPLICABLE BASELINES, AND FOR OTHER PURPOSES* EXPLANATORY NOTE In a few weeks, the country will mark the 5th year of the Philippines’ victory against China in the South China Sea (SCS) Arbitration. The Arbitral Award declared that China's Nine-Dash Line claim violates the UN Convention on the Law of the Sea (UNCLOS).1 It declared that the Philippines has an Exclusive Economic Zone (EEZ) and Continental Shelf (CS) in the areas of Panganiban (Mischief) Reef, Ayungin (Second Thomas) Shoal and Recto (Reed) Bank, and that Filipino fishermen have traditional fishing rights, in common with Chinese and Vietnamese fishermen, in the Territorial Sea (TS) of Bajo de Masinloc. Yet, the Philippines has remained unable to translate its victory into actual exercise of exclusive sovereign rights over fishing and resource exploitation in its recognized EEZ and CS and traditional fishing rights in the TS of Bajo de Masinloc. This proposed new baselines law seeks to break that impasse Firstly, it identifies by name and coordinates at least 100 features being claimed and occupied by the Philippines. This is an exercise of acts of sovereignty pertaining to each and every feature, consistent with the requirements of international law on the establishment and maintenance of territorial title. Secondly, it adopts normal baselines around each feature that qualifies as a high- tide elevation. This is to delineate the TS of each of said feature. Thirdly, it reiterates continuing Philippine sovereignty, sovereign rights and jurisdiction, as appropriate, over these features.
    [Show full text]
  • What China Has Been Building in the South China Sea - the New York Times
    1/30/2018 What China Has Been Building in the South China Sea - The New York Times What China Has Been Building in the South China Sea By DEREK WATKINS UPDATED October 27, 2015 China has been rapidly piling sand onto reefs in the South China Sea, creating seven new islets in the region. It is straining geopolitical tensions that were already taut. 点击查看本文中文版 ASIA PACIFIC South OCEAN AFRICA China Sea AUSTRALIA The speed and scale of China’s island-building spree have alarmed other countries with interests in the region. China announced in June that the creation of islands — moving sediment from the seafloor to a reef — would soon be completed. Since then, China has focused its efforts on construction. So far it has constructed port facilities, military buildings and an airstrip on the islands, with recent imagery showing evidence of two more airstrips under construction. The installations bolster China’s foothold in the Spratly Islands, a disputed scattering of reefs and islands in the South China Sea more than 500 miles from the Chinese mainland. China’s activity in the Spratlys is a major point of contention between China and the United States and was a primary topic of discussion between President Obama and President Xi Jinping of China during the Chinese president’s visit to the White House in September. On Monday, the United States sent a Navy destroyer near the islands, entering the disputed waters. Guangzhou Islands are colored by occupying country: C https://www.nytimes.com/interactive/2015/07/30/world/asia/what-china-has-been-building-in-the-south-china-sea.html 1/10 1/30/2018 What China Has Been Building in the South China Sea - The New York Times Hong Kong the Philippines, Malaysia, Vietnam or Taiwan.
    [Show full text]
  • Delimitation of Maritime Boundaries Between Neighbouring States
    Delimitation of Maritime Boundaries Between Neighbouring States A Case of Fiji Epeli Maisema United Nations – The Nippon Foundation of Japan Fellowship Programme 2016 i Disclaimer The views expressed herein are those of the author and do not necessarily reflect the views of the United Nations Division for Ocean Affairs and the Law of the Sea (DOALOS), the UN- Nippon Foundation of Japan, the National Oceanography Centre (NOC) of the United Kingdom, the Government of the Republic of Fiji Islands, or the Government of the Kingdom of Tonga. © Epeli Maisema. All rights reserved ii ABSTRACT The delimitation of maritime boundaries is a crucial component of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) as it provides the fundamental legal principles for the delimitation of maritime boundaries and set the rights and obligations for States over their maritime zones. This has served as useful guidance for coastal States who have been working on the delimitation of their maritime boundaries. However, issues concerning overlapping and disputes among States with adjacent or opposite coast continue to persist. Some disputes may include overlapping boundaries, while some disputes include historic claim, which has created some misunderstanding on how the rule of delimitation applies under international law, and the provisions set out under UNCLOS. This paper will critically identify the issues surrounding the delimitation of the Republic of Fiji’s maritime boundary with the Kingdom of Tonga over the Minerva reefs, which is located within Fiji’s Exclusive Economic Zone (EEZ). Minerva reefs has been seen as a major stop over destination for most yachters and scuba divers who enjoy the uniqueness of travelling to such remote location to explore the pristine marine ecosystem and the existing submerged wrecks.
    [Show full text]
  • Land Reclamation in the South China Sea: Possibility of Invoking Judicial Dispute Settlement Mechanisms
    Faculty of Law Academic Year 2015-2016 Exam Session [1] LAND RECLAMATION IN THE SOUTH CHINA SEA: POSSIBILITY OF INVOKING JUDICIAL DISPUTE SETTLEMENT MECHANISMS LLM Paper By Nguyen Thu Giang Student number: 01503708 Promoter: Prof. Dr. Frank Maes ACKNOWLEDGMENTS First and foremost, I would like to express my heartfelt gratitude for my supervisor, Prof. Dr. Frank Maes - Research Director of the Maritime Institute of Ghent University for his inspiring and stimulating discussions about the topic of my thesis. Indeed, his dedication to my thesis gives me great impetus to complete it. I also would like to extend my thanks to my Dean and vice Dean of International Law Faculty at Diplomatic Academy of Vietnam, who provided me with the knowledge about international law of the sea, setting ground for my research on the issue of my thesis. Last but not least, my family and my friends indeed are those I always desire to say thanks to. Their unwavering support and consistent encouragement help me overcome the challenges during the days I have lived and studied in Belgium. Without them, I cannot go so far as I do today. TABLE OF CONTENTS TABLE OF ABBREVIATION ............................................................................................. iii INTRODUCTION.................................................................................................................... 1 CHAPTER I. LAND RECLAMATION IN THE SOUTH CHINA SEA ........................... 4 I. Factual background concerning land reclamation in the South China Sea……….5 1. Location of reclamation works in the South China Sea ........................................ 5 2. States involving in land reclamation in the South China Sea and their reclamation activities .......................................................................................................... 10 3. Possible purposes of land reclamation in the South China Sea .......................... 11 4. Responses from states and international community .........................................
    [Show full text]