Author: Clive Symmons
Of the many possible sources of disagreement between states over issues of maritime sovereignty and jurisdiction, the treatment of insular formations (i.e. islands, low-tide elevations, islets, rocks, reefs, cays, etc) is probably the most complex and problematic. In some instances, the way an insular formation is defined can affect jurisdiction over literally thousands of square miles of ocean space.
This Briefing sets out to highlight the key issues in the definition of insular formations. Written by one of the world's leading legal experts in this area, the Briefing covers issues such as: the regimes attached to insular formations in international law; insular sub-categories; the effect of agreement or estoppel on insular status; analysis of the 'above-tide requirement' in international law; the optimal tidal level choices for insular definition; and the importance of locational permanence of an island.
This article is available as a free download : Download PDF.
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