The regime of islands in international law / / Hiran W. Jayewardene.
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| Superior document: | Publications on Ocean Development |
|---|---|
| VerfasserIn: | |
| Place / Publishing House: | Dordrecht, Netherlands ;, Boston, Massachusetts : : Martinus Nijhoff,, [1990] ©1990 |
| Year of Publication: | 1990 |
| Language: | English |
| Series: | Publications on Ocean Development
|
| Physical Description: | 1 online resource (600 pages) |
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Table of Contents:
- Intro
- Title Page
- Copyright Page
- Acknowledgments
- Table of Contents
- List of Abbreviations
- Preface
- PART ONE: THE 'REGIME OF ISLANDS'
- Chapter 1: INSULAR FEATURES: DEFINITION ANDENTITLEMENT
- 1. Legal Definition of Islands and Other Natural Insular Features
- (1) Islands
- (2) Low-Tide Elevations
- (3) Artificial Islands
- 2. The Entitlement of Islands to Areas of Maritime Jurisdiction
- (1) The Territorial Waters of Islands
- (2) The Contiguous Zones of Islands
- (3) The Continental Shelf of Islands
- (4) The Exclusive Economic Zones of Islands
- (5) Islands under Colonial Dependence, or Foreign Domination or Control
- PART TWO: THE EFFECT OF ISLANDS ON THE OUTER LIMITS OF NATIONAL JURISDICTION
- Chapter 2: ISLANDS AND BAYS
- 1. Introduction
- (1) General
- (2) Geographical Situations
- 2. Bays and Problems Occasioned by the Presence of Islands
- (1) Bays and Baselines
- (2) The Drawing of Baselines across Bays in the Presence of Islands
- (i) Problematical Island Situations
- (a) Screening Islands
- (b) Islands Forming the Headlands of a Bay
- (ii) Construction of the Closing Line
- (iii) Choice of Baselines
- Chapter 3: ISLANDS AND STRAIGHT BASELINES
- 1. General
- 2. Development of the Regime of Straight Baselines
- (1) Historical: Deliberations in Learned International Bodies and at the Hague Conference
- (2) The Anglo-Norwegian Fisheries Case of 1951
- (3) The International Law Commission's Deliberations
- (4) The 1958 Geneva Conference on the Law of the Sea
- (5) The Third Conference on the Law of the Sea
- 3. Criteria for the Application of Straight Baselines
- (1) Geographical Conditions
- (i) Coastal Configurations
- (ii) Fringing Islands
- (2) Conformity with the General Direction of the Coast
- (3) The Link with the Land Domain: The Relevance of Economic and Historical Factors.
- (4) Length of Baselines
- (5) Non-Exclusion of the Territorial Sea- High Seas/EEZ Link of Another State
- 4. The Drawing of Straight Baselines in the Presence of Islands and Related Features
- (1) Coastal Islands
- (i) Fringing Islands
- (ii) Island Clusters
- (iii) Islands Constituting a Promontory
- (iv) Individual Islands
- (2) Low-Tide Elevations
- (3) Insular Features Forming Part of a Delta
- 4) Island States, Outlying Islands, Archipelagic States not Qualifying for Archipelagic Straight Baselines and Other Archipelagos
- (i) Island States
- (ii) Dependent Islands
- (iii) Archipelagic States not Qualifying for Archipelagic Straight Baselines
- (iv) Other Archipelagos
- (5) Archipelagic States Qualifying for Archipelagic Straight Baselines
- (6) Island Formations Extending across National Frontiers
- Chapter 4: REEFS AND ATOLLS
- 1. On Reefs and Atolls in General
- 2. Baselines in Relation to Reefs and Atolls
- (1) General
- (2) Law of the Sea Conferences and the Inclusion of Reefs and Atolls
- (i) Islands Situated on Atolls
- (ii) Islands Having Fringing Reefs
- Chapter 5: MID-OCEAN ARCHIPELAGOS
- 1. Introduction
- (1) General
- (2) The Feature
- (3) The Problem
- (4) The Rationale Underlying Archipelagic Claims
- (i) Political and Security Interests, Communications and the Exercise of the Public Law Jurisdiction of the Archipelagic Entity
- (ii) Historical Factors
- (iii) The Unity of the Archipelago as a Natural Feature
- (iv) Economic Considerations
- (v) Preservation of the Environment
- (vi) Factors Emphasized to Assuage International Concern
- (vii)Evaluation
- (5) The Countervailing Interests
- (6) The Evolution of the Archipelago Concept
- 2. Delimitation of the Baseline of the Territorial Sea Around Mid-Ocean Archipelagos: Archipelagic Straight Baseline Systems
- (1) General.
- (2) The Juridical Basis for Delimiting Archipelagic Straight Baselines
- (i) The Fictive Bay Concept
- (ii) The Normal Straight Baseline- Coastal Archipelago Analogy
- (iii) The Historic Waters Approach
- (iv) The Fictive Island Concept
- (v) The Case for a Special Regime of Archipelagic Straight Baseline Systems
- (3) The Problem of Defining a Mid-Ocean Archipelago: the Criteria for Determining the Applicability of an Archipelagic Straight Baseline System
- (i) The Definition of 'Archipelago'
- (a) The Natural Feature
- (b) Criteria Determining the Requisite Cohesiveness of the Features
- (ii) The Geopolitical Scope of the Regime
- (a) The Question of Archipelagos Constituting Part of a Mainland State: State Archipelagos
- (b) The Archipelagic Entity
- (4) The Regime of Archipelagic Straight Baseline Systems
- (i) General Definitive Criteria
- (a) The Location of Basepoints
- (b) The Geopolitical Factor - Inclusion of the Main Islands
- (c) The Test of Proportionality: The Water-Land Ratio
- (ii) Delimitation of Archipelagic Straight Baselines: Specific Restrictive Criteria
- (a) Limitations on the Length of Straight Baseline Segments
- (b) Conformity with the General Configuration of the Archipelago
- (c) The Integration of Low- Tide Elevations
- (iii) Accommodation of the Interests of Other States
- (a) Avoidance of Screening Effects
- (b) Non-Interference with Existing Rights
- (iv) Public Notification of Archipelagic Baselines
- 3. The Archipelagic Regime
- (1) Jurisdictional Limits in Outer Sea Areas
- (2) The Regime of Archipelagic Waters
- (i) Geographical Limits
- (ii) Juridical Status
- (3) Exceptions to the Principle of Sovereignty over Archipelagic Waters
- (i) Established Rights and Preferential Rights
- (a) Preferential Rights of Immediately Adjacent Neighbouring States.
- (b) Rights of States under Existing Agreements, and Existing Submarine Cables
- (ii) Rights of Passage through Archipelagic Waters
- (a) The Right of Innocent Passage
- (b) The Question of Passage through Archipelagic Straits and the Regime of Archipelagic Sea-Lanes Passage
- (4) Some Examples of State Practice Relating to Archipelagos
- (i) Ecuador
- (ii) India
- (iii) The Maldives
- (iv) Fiji
- PART THREE: THE EFFECT GIVEN ISLANDS IN INTER-STATE DELIMITATION
- Chapter 6: ISLANDS IN INTER-STATE BOUNDARY RIVERS
- 1. General
- 2. Methods of Delimiting Inter-State Boundaries in Rivers
- 3. The Treatment of Islands in Navigable Rivers where the Thalweg Constitutes the Boundary
- (1) General
- (i) The Thalweg as a River Boundary
- (ii) Delimitation According to the Thalweg in the Presence of Islands
- (a) The General Rule
- (b) Application of the Thalweg Rule where a River Splits into Several Navigable Channels as a Result of the Presence of Islands
- (c) Exceptions to the General Rule
- (2) The Effect of a Change in the Geographical Situation
- (i) Alterations in the Thalweg
- (ii) Alterations in the Thalweg and the Effect on Islands
- (3) Changes in the Insular Geography
- (i) Changes in the Occurrence of Islands
- (a) The Emergence of New Islands
- (b) The Case of Islands which Disappear and Reappear
- (c) 'Mobile Islands'
- (ii) Accretionary Changes
- (a) Islands Becoming Joined to a River Bank
- (b) Islands Becoming Joined to Each Other
- (c) Accretions to Islands
- (iii) Fission: An Island is Split into Two or More Parts
- 4. The Treatment of Islands in Rivers where the Medium Filum Aquae Constitutes the Boundary
- (1) General
- (i) The Medium Filum Aquae as a River Boundary
- (ii) Delimitation According to the Medium Filum Aquae in the Presence of Islands.
- (a) Construction of the Median Line in the Presence of Islands
- (b) Allocation of Sovereignty over Islands: The General Rule
- (c) Islands Located in the Middle of a River
- (2) The Effect of a Change in the Geographical Situation
- (i) Alterations of the Medium Filum Aquae
- (ii) Alterations in the Medium Filum Aquae: The Effect on Islands
- (3) Changes in the Insular Geography
- (i) Changes in the Occurence of Islands
- (ii) Accretionary Changes
- 5. The Treatment of Islands in Rivers where the Bank Constitutes the Boundary
- (1) General
- (i) Utilization of the Bank as the Boundary
- (a) Where the Boundary is Constituted by the Banks of the River
- (b) Where the Boundary is Constituted by One Bank
- (c) The Definition of 'Bank'
- (ii) Utilization of the Bank as a Boundary: Determination of the Status of Islands
- (iii) Changes in the Geographical Situation: Alterations of the Bank and Insular Geography
- 6. The Treatment of Islands in Rivers where Other Methods of Delimitation are Utilized
- (1) General
- (2) Delimitation According to Straight Line Segments: The Treatment of Islands
- (3) Ad Hoc Treatment
- Chapter 7: ISLANDS IN INTERNATIONAL LAKES
- 1. General
- 2. Methods of Delimiting Inter-State Boundaries in Lakes
- 3. The Treatment of Islands in Delimiting Inter-State Boundaries in Lakes
- (1) The Treatment of Islands in International Lakes where the Median Line Constitutes the Boundary
- (i) Methods of Delimiting Median Line Boundaries in Lakes
- (a) A Line Being at All Points Equally Distant fromEach Shore: The 'Landman's Median'
- (b) A Line Following the General Lines of the Shore Dividing the Surface of the Water Area as Nearly as Practicable into Two Equal Parts: An Approximate Median.
- (c) A Line Along the Mid-Channel Dividing theNavigable Portion of the Lake, and Being at All Points Equally Distant from the Shoal Water on Each Shore: The Navigable Median.