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ID 48278
file
title alternative
A Study of Low-tide Elevation Issues from a Perspective of International Law
creator
Wu, Zhiye
abstract
Since the dispute of South China Sea among the coastal states escalated in last decade, the legal status of low-tide elevation has been debated by the claimants. It is not the first time that low-tide elevation becomes an object under international disputes. There has been several ICJ awards and other arbitration awards that had dealt with the low-tide elevation issues. This article reviewed these cases and the provision in UNCLOS, then summarized some existing rule about low-tide elevation.
As shown in the 2012 award of ICJ, a low-tide elevation cannot be appropriated separately. However, a low-tide elevation can still be crucial in delimitation of maritime zone, if the low-tide elevation is nearby other high-tide features. Especially in the 2016 award of PCA, the tribunal considered that a low-tide elevation which fall within the territorial sea of a high-tide feature as extended by other low-tide elevation could serve as a basepoint for the territorial sea of the high-tide feature. The opinion of the tribunal is quite different from the traditional common perception.
description
本研究は中国国家留学基金の研究助成を受けている。
journal title
The Hiroshima Law Journal
volume
Volume 43
issue
Issue 1
start page
222
end page
201
date of issued
2019-06-25
publisher
広島大学法学会
issn
0386-5010
ncid
language
jpn
nii type
Departmental Bulletin Paper
HU type
Departmental Bulletin Papers
DCMI type
text
format
application/pdf
text version
publisher
rights
許可なく複製・転載することを禁じる
department
Graduate School of Social Sciences
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