The Legal Status Of Artificial Islands Under The United Nations Convention On The Law Of The Sea
- IJLLR Journal
- 4 hours ago
- 2 min read
N. Ajith Chakravarthy, Assistant Professor of Law, Dr. Ambedkar Law University, Chennai
ABSTRACT
Artificial islands have become increasingly significant in contemporary maritime affairs due to their strategic, economic, scientific, and security- related uses. Their construction has expanded rapidly for purposes including resource exploration, offshore energy production, port development, military installations, and coastal infrastructure. Despite their growing importance, the legal status of artificial islands remains distinct from that of naturally formed islands under the United Nations Convention on the Law of the Sea (UNCLOS). This distinction has generated considerable legal debate regarding the rights, jurisdiction, and maritime entitlements associated with such structures. This paper examines the legal status of artificial islands within the framework of UNCLOS by analysing the relevant treaty provisions, the historical evolution of the law of the sea, and the jurisprudence of international courts and tribunals. It traces the development of the legal regime governing artificial islands from the Hague Codification Conference of 1930, through the 1958 Geneva Conventions, to the adoption of UNCLOS in 1982. Particular attention is given to Articles 56, 60, 80, 87, and 121 of UNCLOS, which define the rights of coastal States, regulate the construction and operation of artificial islands, and distinguish them from naturally formed islands capable of generating maritime zones. The paper further analyses the legal treatment of artificial islands across different maritime zones, including the territorial sea, exclusive economic zone, continental shelf, and the high seas. It also considers the significance of judicial decisions, particularly the South China Sea Arbitration (2016), which reaffirmed that human modification cannot transform submerged features or low-tide elevations into legally recognised islands under UNCLOS. The study highlights the limitations of the existing legal framework, especially concerning jurisdiction over artificial islands located beyond national maritime zones, and evaluates the continuing need for greater legal clarity in response to technological advancements and expanding maritime activities. It concludes that while UNCLOS provides a comprehensive regulatory framework, evolving state practice and emerging uses of artificial islands may require further development of international law to address unresolved jurisdictional and governance challenges.
Keywords: Artificial Islands, United Nations Convention on the Law of the Sea (UNCLOS), Maritime Zones, Exclusive Economic Zone (EEZ), Continental Shelf, Law of the Sea.
