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Examining whether natural features can become artificial features

Lewis, Reece 2019. Examining whether natural features can become artificial features. Presented at: ABLOS 10th Conference: Opportunities and Challenges in the Governance of the Planet Ocean, Monaco, 8-9 October 2019. ABLOS 10th Conference: Opportunities and Challenges in the Governance of the Planet Ocean. Monaco: -.

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Abstract

Discussions of insular status have, in recent times, seemingly assumed that naturally formed features may attain artificial status, that a feature may through human modification transform into an artificial island. However, the presentation will explain that this assumption may not be so readily made. Indeed, we are reminded that this is so by the South China Sea Award—which constitutes the most significant consideration of such matters in recent times. It will be demonstrated that the Award revealed the long-held doubt about whether naturally formed features can ever be artificial ones. It will explore this question in light of the treatment of heavily modified features by the Arbitral Tribunal. It will be shown that the Award does not clarify the position and contend that a solution on such matters is needed for the effective governance of our oceans in light of the advances in state coastal engineering and island construction capabilities.

Item Type: Conference or Workshop Item (Paper)
Status: Published
Schools: Law
Subjects: K Law > K Law (General)
Uncontrolled Keywords: Law of the Sea; Artificial Islands; Islands; International Law; Legal Theory
Related URLs:
Date of Acceptance: 8 October 2019
Last Modified: 02 Mar 2020 11:30
URI: http://orca.cf.ac.uk/id/eprint/130064

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