The South China Sea Arbitration’s contribution to the concept of juridical islands
1. Introduction The Permanent Court of Arbitration case launched by the Philippines against China in 2013 presented the Arbitral Tribunal with the opportunity to answer a number of fundamental legal questions to clarify legal rights in the South China Sea and to contribute significantly to the progressive development of the law of the sea. The...
The land dominates the sea (dominates the land dominates the sea)
1. Introduction It is a truth universally acknowledged that a State with a coast can claim maritime zones. This principle has been famously stated by the International Court of Justice (ICJ) in its 1969 North Sea Continental shelf judgment, where the Court expressed the principle that ‘the land dominates the sea’.[1] Obviously, the land must...
‘No Man is an Island’, but… what is an Island?
Introduced by Andrea Caligiuri and Enrico Milano Islands in international law are a mixed blessing. On one hand, they may significantly augment the sovereign and jurisdictional rights of States, in particular over vast amounts of marine space. On the other, they pose complex problems concerning determination of their nature, whether they are considered alone...