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- Title
The Application of Article 121 of the Law of the Sea Convention to the Selected Geographical Features Situated in the Pacific Ocean.
- Authors
Yann-huei Song
- Abstract
Article 121(3) of the United Nations Convention on the Law of the Sea states that “Rocks which cannot sustain human habitation or economic life of their own shall have no exclusive economic zone or continental shelf.” If any of the geographical features situated in the Pacific Ocean are considered “rocks” that fail the tests of habitation or economic viability, they will not be entitled to their own 200 nautical mile exclusive economic zone and continental shelf. However, the paragraph and the tests contained in the article give rise to various questions of interpretation, which have become one of the main sources of maritime disputes between the countries concerned. This article examines the interpretation and possible application of Article 121 to five selected insular features that are situated in the Northern, Eastern and Western Pacific Ocean, namely Baker Island, Howland Island, Clipperton Island, Douglas Reef (Okinotorishima) and Marcus Island (Minamitorishima).
- Subjects
PACIFIC Ocean; BAKER Island; HOWLAND Island; CLIPPERTON Island; MARCUS Island (Japan); UNITED Nations Convention on the Law of the Sea (1982); ECONOMIC zones (Law of the sea); CONTINENTAL shelf
- Publication
Chinese Journal of International Law, 2010, Vol 9, Issue 4, p663
- ISSN
1540-1650
- Publication type
Article
- DOI
10.1093/chinesejil/jmq031