Journal articles on the topic 'Spratly Islands International status'
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1
Bach, Nam Thi Nha. "The building of artificial islands of China in the Spratly Islands - An analysis in the viewpoint of the international law." Science and Technology Development Journal 19, no. 2 (June 30, 2016): 77–90. http://dx.doi.org/10.32508/stdj.v19i2.731.
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The illegal building of the artificial islands in the Spratly Islands of China has been started since the beginning of 2014, and considerably boomed since 2015. China has conducted the dredging and the land reclamation in order to change the natural formation of seven reefs in the Spratly Islands, establish the artificial islands and complete the other man-made outposts in the features which were occupied unlawfully by China in the South China Sea. In the paper, the author shall evaluate the maritime environmental impacts, increasing defense and political chaos in the disputed area posed by China’s land reclamation, and legal disputes of the related parties about the legal status of the artificial islands. In the next part of the paper, the author presents how China’s land reclamation has violated of the international law, UNCLOS 1982, and broken binding international commitments of China. Hence, the author suggests the solutions for Vietnam in the current context of robust land reclamation conducted by China in the Spratly Islands.
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Gao, Zhiguo, and Bing Bing Jia. "The Nine-Dash Line in the South China Sea: History, Status, and Implications." American Journal of International Law 107, no. 1 (January 2013): 98–123. http://dx.doi.org/10.5305/amerjintelaw.107.1.0098.
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The South China Sea has generally been a calm area of sea since ancient times. Until the late twentieth century, it had provided a fertile fishing ground for local fishermen from China and other littoral states, and a smooth route of navigation for the nations of the region and the rest of the international community. This tranquility has been disturbed, however, by two recent developments. The first was the physical occupation of the Nansha, or Spratly, Islands by some of the coastal states in the 1970s. This process continued through the rest of the century. Now, nearly all the islands and insular features within the Spratly Islands have been subjected to physical control by one littoral state or another.
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Chu Hoi, Nguyen, and Vu Hai Dang. "Environmental Issues in the South China Sea: Legal Obligation and Cooperation Drivers." International Journal of Law and Public Administration 1, no. 1 (May 7, 2018): 8. http://dx.doi.org/10.11114/ijlpa.v1i1.3260.
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Recently, we have been witnessing a critical level of a the degradation of the marine environment and depletion of fish stocks in the South China Sea. This has many adverse consequences on the politics, economics of the countries in the region as well as on the socio-economic life of the coastal population. One of the activities that has been causing serious damage to the marine environment and living resources of the South China Sea is the large-scale land reclamation and artificial island construction undertaken by China in the Spratly and Paracel islands recently. These activities have caused severe harm to the precious coral reef environment and thus, violated the obligation to preserve and protect fragile ecosystems and the habitat of depleted, threatened or endangered species under the international law of the seaThe paper explores the impact of China’s large-scale land reclamation and artificial island construction activities on the marine biodiversity of the South China Sea, explains what the legal obligation under the international law of States to protect and preserve the marine environment is and suggests a number of options in order to bring a halt to such activities and restore the damaged marine ecosystem. The paper puts particular emphasis on the cooperation drivers torwards a healthy, prosperous and peaceful South China Sea, which also contribute to the management and possibly, resolution of the current disputes in this region.Keywords: marine environmental issues, legal obligation, cooperation drivers, large-scale reclamation, artificial islands, blue solutions and fragile ecosystems.
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AHMAD, MOHAMMAD ZAKI, and MOHD AZIZUDDIN MOHD SANI. "China's Assertive Posture in Reinforcing its Territorial and Sovereignty Claims in the South China Sea: An Insight into Malaysia's Stance." Japanese Journal of Political Science 18, no. 1 (February 14, 2017): 67–105. http://dx.doi.org/10.1017/s1468109916000323.
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AbstractChina's growing assertiveness in strengthening its territorial and sovereignty claims in the South China Sea has arguably intensified friction and deepened tension between the rival claimant States. In sharp contrast to the strong reactions of its fellow ASEAN claimants, such as Vietnam and the Philippines, Malaysia traditionally has been less critical and more inclined to downplay China's perceived emotive actions. This subtle foreign policy orientation is likely to remain unchanged in the immediate future. Malaysian leaders are aware of the need to continue adopting a more cautious but pragmatic approach to counter China's increasingly aggressive actions in the Spratly Islands. Because of the significant economic and political benefits derived from its close relationships with China, Malaysia's policy preference is aimed to avoid jeopardizing such relations. However, the growing presence of Chinese military vessels in Malaysia's waters in recent years has forced the latter to reassess its foreign policy approach, which might include adopting a more assertive stance towards China. Set against this backdrop, this article aims to give an exploratory insight into Malaysia's external behaviour and actions in response to China's recent growing aggressiveness in the South China Sea. To this end, the aim of this article is achieved through a twofold approach. First, it examines Malaysia's overlapping claims to maritime features and waters with China, with the focus on the Spratly Islands group. Lastly, the article provides an explorative insight of Malaysia's rationalist stance, particularly under the current administration of Prime Minister Najib Tun Razak, in response to China's aggressiveness. It also examines the motivations, intentions, and basis of this external posture.
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FRY, JAMES D., and MELISSA H. LOJA. "The Roots of Historic Title: Non-Western Pre-Colonial Normative Systems and Legal Resolution of Territorial Disputes." Leiden Journal of International Law 27, no. 3 (July 24, 2014): 727–54. http://dx.doi.org/10.1017/s0922156514000284.
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AbstractThe validity of historic or ancient title to territory has been tested in numerous international judicial proceedings, both in the International Court of Justice and in international arbitration. Historic title usually originates in ancient normative systems, including tributary, feudal, sultanate, and Islamic systems that predate the Western international legal system. Nevertheless, the rules against which historic title has been tested in international judicial proceedings generally require that the original titleholder be a state or a central authority that exercised territorial sovereignty over a defined space to the exclusion of other sovereign powers. The rules that apply specifically to these ancient normative systems, where allegiance to authority was personal or religious rather than territorial, have been seen as irrelevant compared to the more contemporary determinations of historic title. The only exceptions have been the French medieval customary normfrankalmoign, which the international arbitral tribunal in theMinquiers and Ecrehoscase cited as evidence that the English king exercised territorial sovereignty over the disputed islands, and the personal allegiance of theOrang Lautto the Sultan of Johore, coupled with the recognition accorded to the latter by the great maritime powers, which the International Court of Justice inMalaysiav.Singaporefound sufficient to prove the historic title of Malaysia over Pedra Branca/Pulau Batu Puteh and Middle Rocks. The principles by which historic title were adjudicated in these cases appear to be the same principles by which the Western powers dealt with the claims of the People's Republic of China and Vietnam to the Paracel Islands and the Spratly Islands, not only during the colonial period but also after the Second World War. This analysis suggests how the International Court of Justice or an international arbitral tribunal might, if given the opportunity, resolve these South China Sea disputes. Readers might also find this analysis to be particularly relevant to other disputes involving historic title, including the East China Sea disputes, although the focus of this article is on the South China Sea disputes. States and other commentators are left to rely on their own preferences and allegiances in reaching their own normative conclusions using the novel analysis provided by this article.
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Pietrasiak, Małgorzata. "Vietnam Game Between USA and China." International Studies. Interdisciplinary Political and Cultural Journal 22, no. 1 (November 9, 2018): 51–64. http://dx.doi.org/10.18778/1641-4233.22.04.
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Vietnam tries to respond to changing international situations, while attempting to stay in accordance with its own ambitions. China and the USA, the two superpowers, are the most important partners of Vietnamese strategy, which is determined by these two countries. The most important economic partner and ideological ally is China. But both sides have some serious problems to resolve such as maritime disputes. The situation imposes the need to seek counterbalance, a reliable ally who provides protection for its own interests. So Vietnam looks to balance improved relations with China while seeking deeper and multidimensional relations with the USA. The United States offers many advantages that are attractive to Vietnam. Inevitably, economic ties and new projects e.g. TPP, political, cultural and scientific cooperation make up these advantages. However, the United States can only provide support for the Spratly and Paracel Islands’ dispute and improving cooperative measures in the South China Sea with the presence of U.S. naval vessels and dialogue that assists Vietnam defense. Vietnam has again become an element in the American strategy of pivoting to Asia.
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Asaturov, Sergey, and Andrei Martynov. "Trends in international relations in the Indo-Pacific region." ScienceRise: Juridical Science, no. 1(19) (March 31, 2022): 70–76. http://dx.doi.org/10.15587/2523-4153.2022.254248.
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The global Indian and Pacific region is playing an increasing role in modern international relations. At the beginning of the XXI century, this region is a crossroads of different interests of great powers. The United States continues to play a leading role. The Pentagon introduced the concept of the Indo-Pacific region. From a military-strategic point of view, this concept is a symbol of American-Chinese competition. This process intensified under the Trump administration in 2017-2020. The Biden administration is consolidating regional democracies. Australia, India and Japan play a key role in this process. The European Union promotes the values and ideas of democracy in the Indo-Pacific region. China is an important trading partner of the EU. The intensification of the Sino-US confrontation in early 2022 has blocked the entry into force of the China-EU Free Trade and Investment Agreement. In early 2022, the United States, Great Britain and Australia announced the creation of a military alliance. India and Japan are concerned about China's growing military power. The Republic of Korea has a similar position. Hotspots of confrontation in the region are Taiwan, the Korean Peninsula, the disputed Spratly Islands. The Indo-Pakistani conflict around Kashmir destabilizes regional security. The Indo-Pacific region is an example of a complex multipolar system of international relations. This system is more risky in terms of security. The functioning of internal regional and interregional communication networks is complicated by military-technical, environmental, demographic, socio-cultural, interstate contradictions. The formation of a regional security system is limited by political problems. Post-modern democracies, such as Australia, India, Japan and the modernized Chinese autocracy and the North Korean Stalinist dictatorship, coexist in the Indo-Pacific region. The balance of interests is maintained by the United States and the European Union. This balance is volatile and unpredictable
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Askari, Muhammad Usman, and Muhammad Tahir. "Vietnam and Philippines’ Hedging against China in the South China Sea: Economic and Security Perspectives." Pakistan Journal of Social Research 03, no. 04 (December 31, 2021): 120–27. http://dx.doi.org/10.52567/pjsr.v3i4.85.
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This article is based on the argument that despite competing for territorial claims and different military stands off, the competing states have shown considerable restraint and hedging behaviors against each other’s to not make the politics of the South China Sea on a point of no return. This assumption is correct in a way that on economic forums like Association of Southeast Asian Nations (ASEAN), they have shown their consensus to resolve their disputes peacefully. But it seems wrong on the pretext that then why this economic interdependence has not provided the space to resolve their perennial territorial disputes in the South China Sea. To find out which assumption seems true, this article is based on the theoretical framework of the Strategic Hedging perspective. This study tries to find the answer to the research question of despite close economic interdependence and military stands offs, why regional states have failed to resolve the SCS dispute? China, the regional hegemon, claims the South China Sea (SCS) region as its core interest and provides the basis for its claims based on historical usage and part of the ancient Chinese dynasties. Vietnam has also shown inflexibility in its claim in the region overlapping with China and other competing states. Honai has also invoked international law to stop the Chinese territorial assertiveness in the region. The Philippines, one of the three important claimants of the SCS, has also tried to take help of the international court of arbitration and the support of global hegemon the US to extend its sovereignty in the disputed islands of the SCS. This article concludes with the findings that Vietnam and the Philippines are using constrain cum hedging to save their national interests from Beijing. Keywords: Politics, Hedging, South China Sea, Economy, Security, Spratly, Paracel
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MUHAMMAD SAERI, DR MUHAMMAD SAERI, M. HUM. "CHALLENGE IN SECURITY ARRANGEMENT OF MELAKA STRAITS." Indonesian Journal of International Relations 3, no. 2 (March 16, 2020): 17–29. http://dx.doi.org/10.32787/ijir.v3i2.85.
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ABSTRACT
Melaka Strait is a border area of some South East Asia countries, especially three countires which get in touch directly with this area that are Indonesia, Malaysia, and Singapore. Melaka Strait as a suit region for the three countries has strategik position in many aspects, especially ideology, security, and economiy. According to idiological aspect Melaka Strait is a part of teritory of the three countries which dealing with their sovereignty. Based on this principal, Indonesia and Malaysia considered that Malaka Strait is integrate to the sovereignty of these coutries, so that security arrangement of the strait should submit to the regulation authority of the both coutries. In difference side, Singapore considers that security management of Melaka Strait is not dealing with states sovereignty, and put Malaka Straits into international security management will never disturb the sovereignty of the coutries surrounding the strait. Singapore believe that international cooperation of Malaka Strait management with others maritime power is needed. Considered to security aspect, Melaka Straits is one of regions with high risk and high cases robbery in the world. Until this time Indonesia , Malaysia, and Singapore are not able perfectly yet to stop the robbery strike problems in Melaka Straits. The development of political scurity today also put Melaka Straits into open position to get negative impact of South Cina Sea konflict dealing with Spratly Islands between Cina and several ASEAN countries. Malaka Straits also came open to be a target of terrorisme attact, althou real indication to this case is not found yet. Melaka Straits considered to economy aspect, is a crowded shipping line area which passed through by international voyages. As an international trading line this straits conduct significant role as a supporting factor of world economy development. The strategik position of Malaka straits give a very big impact to economy development of countries surrounding this area. According to this important role, so that security of Melaka Straits should to become reality, and this matter is challenge to Indonesia, Malaysia, and Singapore.
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Milivojevic, Marko. "The Spratly and Paracel Islands conflict." Survival 31, no. 1 (January 1989): 70–78. http://dx.doi.org/10.1080/00396338908442450.
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Smith, Esmond D. "China´s Aspirations in the Spratly Islands." Contemporary Southeast Asia 16, no. 3 (December 1994): 274–94. http://dx.doi.org/10.1355/cs16-3c.
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Green, L. C., and R. Haller-Trost. "The Spratly Islands: A Study on the Limitations of International Law." Pacific Affairs 65, no. 4 (1992): 591. http://dx.doi.org/10.2307/2760350.
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Ludwig, Noel. "Swords into Timeshares: An International Marine Park in the Spratly Islands?" Ocean Yearbook Online 15, no. 1 (2001): 7–36. http://dx.doi.org/10.1163/221160001x00043.
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Furtado, Xavier. "International Law and the Dispute over the Spratly Islands: Whither UNCLOS?" Contemporary Southeast Asia 21, no. 3 (December 1999): 386–404. http://dx.doi.org/10.1355/cs21-3d.
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Cordner, Lee G. "The spratly islands dispute and the law of the sea." Ocean Development & International Law 25, no. 1 (January 1994): 61–74. http://dx.doi.org/10.1080/00908329409546025.
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Wong, Kam C. "Who Owns the Spratly Islands? The Case of China and Vietnam." China Report 38, no. 3 (August 2002): 345–58. http://dx.doi.org/10.1177/000944550203800301.
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Garver, John W. "China's Push Through the South China Sea: The Interaction of Bureaucratic and National Interests." China Quarterly 132 (December 1992): 999–1028. http://dx.doi.org/10.1017/s0305741000045513.
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Over the past decade a highly significant development has attracted little scholarly attention: the steady expansion of Chinese power in the South China Sea. There were several excellent studies of this process through the very early 1980s, but these ended well before China's push from the Paracel Islands to the Spratly Islands in 1988. Indeed, they disagreed about whether China would actually do this. By the early 1990s China had pushed into the Spratlys and built up a relatively strong base there. It is thus time to look anew at China's activities in that region.
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Castan, Melissa. "Adrift in the South China Sea: International Dispute Resolution and the Spratly Islands Conflict." Asia Pacific Law Review 6, no. 1 (June 1998): 93–107. http://dx.doi.org/10.1080/18758444.1998.11788054.
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Hanh, Nguyen Thi My. "The anti-piracy activities of the Nguyen Dynasty in the South China Sea, 1802–1858." International Journal of Maritime History 31, no. 1 (February 2019): 50–80. http://dx.doi.org/10.1177/0843871418824965.
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Following the traditions of the preceding feudal dynasties, efforts were made by the Nguyen Dynasty (Vietnam) to prevent piracy and ensure security and marine safety in the South China Sea during the first half of the nineteenth century. The Nguyen Dynasty directed its energies towards national interests and showed an elevated level of international awareness and responsibility, especially at the beginning of the successful cooperation with Qing Dynasty (China) to resolve this widespread problem. This article examines the attempt of the Nguyen Dynasty to suppress the raiding and looting of pirates in the South China Sea, and its important achievements in this difficult and dangerous work. Addressing this non-traditional security problem also helped confirm the Nguyen Dynasty’s possession of islands within the South China Sea, including the Paracel Islands and the Spratly Islands.
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Majumdar, Munmun. "Beijing Raising the Ante in the Natunas: The Next Flash Point in the South China Sea?" India Quarterly: A Journal of International Affairs 77, no. 3 (July 27, 2021): 462–78. http://dx.doi.org/10.1177/09749284211027249.
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China’s nine-dash line or U-shape line claim in the South China Sea overlaps with Indonesia’s 200 nautical miles exclusive economic zone (EEZ). There have been several instances where Jakarta and China have entered into skirmishes involving fishing vessels in the Natuna area. The latest encroachment by China into Indonesian Natuna EEZ witnessed a departure of China’s justification for such action when it argued that it has sovereignty over the Nansha (Spratly) Islands and also sovereign rights over relevant waters near the Nansha Islands. Jakarta rejected both the arguments and insisted that under United Nations Convention for the Law of the Sea (UNCLOS) China does not have legal basis to claim either traditional fishing grounds or parts of the Natuna waters and invoked the 2016 UN Arbitral Tribunal’s ruling to back its position. This article examines Indonesia’s response vis-à-vis China and argues that with the rise of nationalism over ownership of the Natunas it is likely to progress into an area of potential conflict between Indonesia and China.
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Choukroune, Leïla. "Monique Chemillier-Gendreau, Sovereignty over the Paracel and Spratly Islands, La Haye, Kluwer Law International, 2000, 265 pp." Perspectives chinoises 64, no. 1 (2001): 75–78. http://dx.doi.org/10.3406/perch.2001.2617.
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Advincula, Julian V. "China’s Leadership Transition and the Future of US-China Relations: Insights from the Spratly Islands Case." Journal of Chinese Political Science 20, no. 1 (December 27, 2014): 51–65. http://dx.doi.org/10.1007/s11366-014-9327-x.
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de Castro, Renata Cruz. "Probing into the Legality of the People’s Republic of China’s (PRC) Claim to Sovereignty Over the Spratly Islands." Philippine Political Science Journal 21, no. 1 (December 8, 2000): 27–56. http://dx.doi.org/10.1163/2165025x-02101002.
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Yazuru, Watanabe. "NEW STRATEGY JAPANESE MILITARY IN THE ASIA PACIFIC REGION AND THE IMPACT ON INTERNATIONAL SECURITY STABILITY." Jurnal Pembaharuan Hukum 9, no. 2 (August 21, 2022): 265. http://dx.doi.org/10.26532/jph.v9i2.23803.
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The purpose of this study was to determine the new Japanese military strategy in the Asia Pacific region and its impact on international security stability. The South China Sea conflict is one of the major conflicts for the Southeast Asia region and also the Asia Pacific region. Japan has a role in supporting countries involved in the conflict such as Vietnam. Japan promised Vietnam six patrol boats during Prime Minister Abe's visit to Southeast Asia.The approach used in this research is a qualitative approach and the type of research carried out is descriptive by explaining certain phenomena systematically, actually and accurately regarding facts, characteristics, and relationships. The patrol boat is aimed at enhancing Vietnam's capability in maritime law enforcement related to the South China Sea conflict. Japan, which is Vietnam's biggest foreign investor after South Korea, has no territorial claims in the South China Sea conflict. The South China Sea region has a big role in geopolitics because it is a meeting point between China and countries within the Association of Southeast Asian Nations (ASEAN) in terms of territory, security, natural resources and energy security. Disputes in the region include territorial sovereignty and maritime sovereignty. The South China Sea area consists of, among others, several small islands that are widely distributed, but there are two groups of islands that are much contested, namely the Spratly Islands and the Paracels. In addition, the South China Sea area is an important shipping lane and is often referred to as the maritime superhighway because it is one of the busiest international shipping lanes in the world.
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Tkachenko, Konstantin S., Duong Thuy Hoang, and Hoi Nguyen Dang. "Ecological status of coral reefs in the Spratly Islands, South China Sea (East sea) and its relation to thermal anomalies." Estuarine, Coastal and Shelf Science 238 (June 2020): 106722. http://dx.doi.org/10.1016/j.ecss.2020.106722.
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Loja, Melissa H. "The Spratly Islands as a Single Unit Under International Law: A Commentary on the Final Award in Philippines/China Arbitration." Ocean Development & International Law 47, no. 4 (October 2016): 309–26. http://dx.doi.org/10.1080/00908320.2016.1229936.
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Nguyen, Hoa. "Principled Negotiation." Texas A&M Law Review 4, no. 2 (March 2017): 287–314. http://dx.doi.org/10.37419/lr.v4.i2.6.
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Principled negotiation suggests that in any conflict there are interests that motivate a party’s claimed position. Identifying and focusing on these interests instead of the position itself is the best way to solve the underlying conflict, whether it concerns a family quarrel, a business contract, or an international settlement among nations. On the surface of the South China Sea dispute, China, Vietnam, the Philippines, Malaysia, Brunei, and Taiwan all make conflicting claims over various features in the South China Sea, particularly the Spratly and Paracel Islands. However, in reality, each nation has particular interests in mind when asserting its claiming position. Although the countries share overlapping interests in the South China Sea, each of them weighs the interests differently. By applying principled negotiation to the South China Sea dispute, the parties involved would forget about their positions and work together to create a solution that addresses each nation’s concerns.
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Шевченко, Ольга, Olga Shevchenko, Игорь Понкин, Igor Ponkin, Алена Понкина, and Alena Ponkina. "On the question of defining the legal status of artificial islands." Advances in Law Studies 4, no. 3 (October 27, 2016): 0. http://dx.doi.org/10.12737/18008.
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This article covers features of the artificial islands international legal status. The article shows that the most relevant is the question of the possibility of extending the jurisdiction of coastal States on artificial islands in the seas. The article argues that the creation of artificial islands relate to matters of national sovereignty and maritime jurisdiction, delimitation of maritime boundaries, development and use of natural marine resources. The article shown that inadequate regulation of these issues today creates tension in international relations, provokes international disputes and conflicts. This article investigated the main problems in definition and consolidation of artificial islands. Legal obstacles for the provision of such objects under certain conditions are indicated. The article presents the classification of types of the artificial islands in terms of international law.
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Gamil Aboukhewat, Maher. "The Legal Status of Archipelagos in the International Law of the Sea." Economics, Law and Policy 2, no. 2 (August 21, 2019): p189. http://dx.doi.org/10.22158/elp.v2n2p189.
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The archipelagic States, which attempt to extend their control over the waters surrounding their islands, are demanding the establishment of a legal system for archipelagos in order to preserve their interests, their maritime wealth and their regional security. On the other hand, there are the great maritime States that hold on to the freedom of the sea and international navigation.The problems raised by the islands constituting the archipelago did not stand at the end of sovereignty disputes and their right to their own maritime areas, but many other problems were associated with the presence of archipelagic islands. The measurement of marine areas of archipelagic islands requires a description of how the baselines from which these areas are measured are to be drawn. Also, the measurement of marine areas of the islands of individual problems is different from those raised by the presence of the islands in the form of an archipelago. Drawing baselines also varies according to the archipelagic islands site, and whether they are located in front of the coast regions or at the entrances to the bays in these coasts, or were located in the sea or ocean.These problems remained subject to international controversy and tension until a new system of archipelagic State was adopted under Part IV of the United Nations Convention on the Law of the Sea in 1982, which represents a very important renewal of the international law of the sea.
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Wiranto, Surya, Hikmahanto Juwana, Sobar Sutisna, and Kresno Buntoro. "The Disputes of South China Sea From International Law Perspective." Southeast Asia Law Journal 1, no. 1 (August 19, 2017): 1. http://dx.doi.org/10.31479/salj.v1i1.1.
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<p align="justify">Disputes in the South China Sea (SCS) occur due to the seizure of mari- time regions of Spratly and Paracel islands, the regions which are rich in natural resources of oil and gas. Indonesia is not a claimant state to the features in SCS, but Indonesia has a vital national interest to the jurisdiction of waters of the exclusive economic zone (EEZ) and the continental shelf which overlaps with claims 9 dashed lines of PRC. In analyzing and resolving these disputes, the writer uses theory of law- based state as a grand theory, the theory of international law as a middle range theory, and theory of conflict resolution as an applied theory. The method is a normative legal research. The legal materials are collected based on the identifted list of problems/issues and are assessed according to the classiftcation of the problems. The legal materials are deductively managed to draw conclusions from the problems encountered, and are further analyzed to solve these problems. Conflict resolution to maritime territorial dispute can be achieved by legal means. The dispute settlement by legal means can be done through bilateral, multilateral, arbitration, to the International Court of Justice, while the dispute resolution through CBMs can be achieved through dialogue in international fora by applying the formula 6 + 4 + 2 or 6 + 4 + 1 + 1, and by conducting survey and research cooperation in the fteld of maritime.</p>
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Wiranto, Surya, Hikmahanto Juwana, Sobar Sutisna, and Kresno Buntoro. "The Disputes of South China Sea From International Law Perspective." Southeast Asia Law Journal 1, no. 1 (December 9, 2015): 1. http://dx.doi.org/10.31479/salj.v1i1.2.
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<p align="justify">Disputes in the South China Sea (SCS) occur due to the seizure of mari- time regions of Spratly and Paracel islands, the regions which are rich in natural resources of oil and gas. Indonesia is not a claimant state to the features in SCS, but Indonesia has a vital national interest to the jurisdiction of waters of the exclusive economic zone (EEZ) and the continental shelf which overlaps with claims 9 dashed lines of PRC. In analyzing and resolving these disputes, the writer uses theory of law- based state as a grand theory, the theory of international law as a middle range theory, and theory of conflict resolution as an applied theory. The method is a normative legal research. The legal materials are collected based on the identifted list of problems/issues and are assessed according to the classiftcation of the problems. The legal materials are deductively managed to draw conclusions from the problems encountered, and are further analyzed to solve these problems. Conflict resolution to maritime territorial dispute can be achieved by legal means. The dispute settlement by legal means can be done through bilateral, multilateral, arbitration, to the International Court of Justice, while the dispute resolution through CBMs can be achieved through dialogue in international fora by applying the formula 6 + 4 + 2 or 6 + 4 + 1 + 1, and by conducting survey and research cooperation in the fteld of maritime.</p>
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Filipek, Michał. "Międzynarodowoprawny status archipelagu Wysp Alandzkich : kwestia demilitaryzacji i neutralizacji Alandów." Kwartalnik Kolegium Ekonomiczno-Społecznego. Studia i Prace, no. 1 (November 29, 2011): 137–60. http://dx.doi.org/10.33119/kkessip.2011.1.6.
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This article deals with the question of demilitarization and neutralization of the ?land Islands in respect to international law regulating this issue. In this paper it was not intented to go into details of all historical phases and changes of the ?land's status, but rather to concentrate on international treaties regulating this question, which are still in force. ?land is an autonomous, demilitarized and neutralized region of Finland with a largely Swedish-speaking population. The ?land Islands form an archipelago in the Baltic Sea. They are situated in the entrance to the Gulf of Bothnia. Its legislative autonomy and a strong protection for its population's Swedish language and culture are enshrined in the Finnish constitution. The ?land Islands are located in a very strategically important place. There are three problems under international law connected with the ?land Islands: that is to say, demilitarization, neutralization and autonomy of ?land. After the Crimean war it was decided that Russia should not fortify the ?land Islands. The strategic position was one of the factors that influenced the decision of the Paris Peace Conference in 1856 to demilitarize the ?land Islands. After the Crimean War (1854-56) an appendix to the 1856 Treaty of Paris forbade Russia from establishing fortifications, maintaining or building up a military presence and naval forces on the islands. In 1917 Finland gained independence from Russia and ?land became for a number of years a source of controversy or even conflict between Finland and Sweden as a result of the ?landers' demand for ?land's reunification with Sweden. In 1921 the League of Nations resolved the ?land question. ?land remained a part of Finland but gained autonomy along with the historically rooted principles of neutrality and demilitarization. In October 1921 the Convention relating to the non-fortification and Neutralization of the ?land Islands was signed by Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Poland, Sweden and the United Kingdom. The Western powers did not regard Bolshevik Russia as a sovereign state after the revolution of 1917 and Russia (the Soviet Union) was not a party to this convention. The treaties that regulatedthe demilitarization and neutralization were: 1) the 1856 Convention on the Demilitarisation of the ?land Islands (annexed to the 1856 Paris Peace Treaty), 2) the 1921 Convention on the Demilitarization and Neutralization of the ?land Islands, 3) bilateral treaty of 1940 between Finland and Russia (the Soviet Union) on the demilitarization of the ?land Islands and 4) the 1947 Paris Peace Treaty. There is no cause to doubt the continuance in force of the demilitarization and neutralization of ?land. The treaties and agreements of 1921,1940 and 1947 are still in force. ?land's demilitarization and neutralization remain beyond question, despite the changes in the political context. The ?land Islands are both demilitarized and neutralized, the main purpose is to keep it completely outside the armed actions of armed conflicts. ?land's status received renewed attention in the 1990s in view of the changes taking place in Europe. The 1994 treaty on Finland's accession to the EU recognizes in its Protocol No. 2, that the ?land Islands enjoy a special status under international law. Furthermore, another legal regulation dealing with this question is the Additional Protocol I to the 1949 Geneva Convention on the protection of war victims (Article 60) obligates States Parties to respect demilitarized zones during international armed conflicts. ?land's demilitarized and neutralized status has a strong foundation and position in the international law. Some experts and writers have described this status as a example of a "permanent settlement" or "objective regime" in international law. According to another experts (H. Rotkirch), the special status of the ?land Islands is of such long standing " that it has without doubt become part of customary international law and is thus binding on the international community as a whole". Since 1970, ?land has had its own representation in the Nordic Council and participates in the work of the Nordic Council of Ministers. Since 1989, ?land is a member of the Council of Europe. One might also mention the fact that, ?land stands outside the EU tax union and has retained the limitations on ownership of land and operation of business.
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McManus, John W., Kwang-Tsao Shao, and Szu-Yin Lin. "Toward Establishing a Spratly Islands International Marine Peace Park: Ecological Importance and Supportive Collaborative Activities with an Emphasis on the Role of Taiwan." Ocean Development & International Law 41, no. 3 (August 17, 2010): 270–80. http://dx.doi.org/10.1080/00908320.2010.499303.
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Zimmermann, Andreas, and Jelena Bäumler. "Navigating Through Narrow Jurisdictional Straits: The Philippines – PRC South China Sea Dispute and UNCLOS." Law & Practice of International Courts and Tribunals 12, no. 3 (2013): 431–61. http://dx.doi.org/10.1163/15718034-12341266.
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Abstract In January 2013 the Philippines invoked the dispute settlement system under UNCLOS in order to resolve its long-standing dispute with the People’s Republic of China over the South China Sea and more specifically concerning Scarborough Shoal and the Spratly Islands. The arbitral tribunal constituted under Annex VII UNCLOS, without the PRC taking part in the proceedings as of yet, faces a challenging task in deciding whether or not it has jurisdiction over the case submitted by the Philippines. This article therefore examines the dispute settlement system of UNCLOS with regard to the jurisdiction of the tribunal in the pending Philippines – PRC South China Sea dispute. While at first glance UNCLOS appears to provide for a comprehensive system of compulsory jurisdiction, a number of exceptions, either applicable ipso facto or by virtue of unilateral declarations made at the time of signature or ratification of UNCLOS, leave only a thin layer of jurisdictional grounds, if any at all, for the arbitral tribunal to deal with and eventually decide the South China Sea dispute between the Philippines and the PRC. This implies that the arbitral tribunal is facing intriguing legal questions in this highly political procedure, the relevance of which extends far beyond the case at hand.
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Schofield, Clive. "The Regime of Islands Reframed:." Brill Research Perspectives in the Law of the Sea 3, no. 1-2 (January 22, 2021): 1–126. http://dx.doi.org/10.1163/24519359-12340008.
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Abstract The definition of islands represents a longstanding source of uncertainty under the international law of the sea, resulting in numerous disputes among coastal States. This is primarily due to the significant impacts the legal status of islands has on both their maritime entitlements and potential role in the delimitation of maritime boundaries. This study highlights the geographical diversity of islands and outlines the historical development of as well as progress towards the clarification of the legal definition of islands. The Award of the Arbitral Tribunal in the South China Sea case is examined in detail as it provides the first detailed international judicial examination and interpretation of the Regime of Islands. The definition of other types of insular features including low-tide elevations and artificial islands as well as submerged features are also addressed. Reactions to the interpretation of Article 121 by the Tribunal in the South China Sea case are explored before conclusions and considerations on the potential implications of these developments are offered.
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Sellars, Kirsten. "Rocking the Boat: The Paracels, the Spratlys, and the South China Sea Arbitration." Columbia Journal of Asian Law 30, no. 2 (January 1, 2017): 221–62. http://dx.doi.org/10.52214/cjal.v30i2.9263.
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On July 12, 2016, an Arbitral Tribunal constituted under Annex VII to the 1982 UN Convention on the Law of the Sea found overwhelmingly in favor of the Philippines in its dispute with the People's Republic of China over maritime claims and other issues in the South China Sea. This piece appraises the decision in light of the events leading up to the current controversy.
To investigate the source of the conflict, one does not have to go back very far. In 1974, during the final stages of the Vietnam War, China ejected South Vietnam from the Paracel Islands-a group of tiny maritime features in the South China Sea claimed by both nations. After a classic "weekend war, "China tried to dampen down the affair by swiftly releasing the prisoners and refusing to be drawn into an international debate.
Within days, though, there was more activity, when South Vietnam dispatched forces to occupy five features in the Spratly Islands, a larger group further to the south of the South China Sea. During this period, South Vietnam, the Philippines, and Taiwan all engaged in the fortification of their respective features reinforcing garrisons, installing military hardware, building runways, and shooting at interlopers. The militarization of the Spratlys had begun, and well before China, the focus of the current arbitration, established a physical presence on the reefs in the vicinity.
By drawing on these earlier events, examined through the lens of United States'diplomatic correspondence of the time, it is possible to both construct a legal path to the arbitration based on the parties' claims to the Spratlys, and critically appraise the Tribunal's reasoning on its jurisdiction over the Philippines' claims against China.
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Ackrén, Maria. "The Faroe Islands: Options for Independence." Island Studies Journal 1, no. 2 (2006): 223–38. http://dx.doi.org/10.24043/isj.195.
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The Faroe Islands are currently at a crossroads in their constitutional status. Discussions concerning changes in the current constitutional status are ongoing and several analyses about possible trajectories of future development are being proposed. Argued in a context of Faroese nationalism, this article tries to assess these trajectories in the future jurisdictional and political development of the Faroe Islands in terms of three possible scenarios: independence or full sovereignty (as is Iceland); a freely associated statehood (as are Niue and the Cook Islands in relation to New Zealand); or a confederation, probably involving changes at both the central level of the Danish state and the European Union level. This article argues that the most likely future development is that of a state in free association with Denmark. Meanwhile, island politics can change very quickly and the traditional cleavages in Faroese politics are liable to changing degrees of public support.
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Prinsen, Gerard, and Séverine Blaise. "An emerging “Islandian” sovereignty of non-self-governing islands." International Journal: Canada's Journal of Global Policy Analysis 72, no. 1 (February 16, 2017): 56–78. http://dx.doi.org/10.1177/0020702017693260.
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Comparative analyses have found that non-self-governing islands tend to have much better development indicators than sovereign islands. Perhaps unsurprisingly, since 1983 no non-self-governing island has acquired political independence. This paper argues that rather than merely maintaining the status quo with their colonial metropoles, non-self-governing islands are actively creating a new form of sovereignty. This creation of an “Islandian” sovereignty takes place against the backdrop of debates on the relevance of classic Westphalian sovereignty and emerging practices of Indigenous sovereignty. This paper reviews global research on the sovereignty of islands and from this review, develops an analytical framework of five mechanisms that drive the emerging Islandian sovereignty. This framework is tested and illustrated with a case study of the negotiations about sovereignty between New Caledonia and its colonial metropole, France.
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Schofield, Clive, and David Freestone. "Islands Awash Amidst Rising Seas: Sea Level Rise and Insular Status under the Law of the Sea." International Journal of Marine and Coastal Law 34, no. 3 (August 30, 2019): 391–414. http://dx.doi.org/10.1163/15718085-13431098.
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Abstract This article considers the potential impacts of sea level rise on maritime zones with particular reference to impacts on islands. It considers the sea level rise predictions of the Intergovernmental Panel on Climate Change; it outlines the existing legal framework for coastal baselines and insular features established by the 1982 Law of the Sea Convention. It highlights the work of the International Law Association Committee on International Law and Sea Level Rise, which in its 2018 report had identified the development of a body of State practice among the States and Territories of the South Pacific regarding the maintenance of existing maritime zone claims in the face of sea level rise. That practice is considered, together with the implications of the 2016 Tribunal Award on the South China Sea case on maritime zone claims based on islands.
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Wang, Yangyu, and Shuneng Zhong. "Language management, discursive power, and English as lingua franca in island countries and territories." Island Studies Journal 17, no. 2 (November 2022): 256–73. http://dx.doi.org/10.24043/isj.396.
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Both geographical factors and colonial histories have contributed to the marginalization of many islands. In the context of globalization, European colonial languages often dominate, and the Standard English ideology has been gradually internalized alongside the spread of English worldwide. Islands face an apparent tension between promoting local languages for the purpose of strengthening social and cultural cohesion and maintaining the favored status of European colonial languages in order to facilitate integration into global markets. Languages are, however, ideologically constructed, and the dominant status of English and other European languages on islands has created a cultural system of ideas, norms, and values originating from the West. This turns islands into norm followers, creating difficulties for the construction of island identities and making it impossible to act from a position of discursive power on the international plane. This paper argues that island governments should carry out language management in such a way as to promote the idea of English as a lingua franca for use in global intercultural communications and thereby enhance the island’s discursive power while strengthening social and cultural cohesion.
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Dnistrianskyi, Myroslav, Galina Kopachinska, and Nataliia Dnistrianska. "Modern conflicts regarding the political status of territories: typological differences, features of spread and prospects for resolution." Bulletin of Geography. Socio-economic Series, no. 57 (August 4, 2022): 113–23. http://dx.doi.org/10.12775/bgss-2022-0026.
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All international conflicts regarding issues of contention about the political status of territories are united by the lack of legitimate power in various places on Earth or the desire to establish such power. A classification of conflicts regarding issues of contention about the political status of territories is proposed in the article. It is shown that the main territorial and political conflicts of modernity are: issues of self-proclaimed states; issues of control over dependent countries; border conflicts over the status of individual islands; and conflicts due to incomplete and disordered decolonization processes. Resolving international conflicts over issues of the contended political status of territories is currently an important task that requires modernization and reformation of the UN Security Council and international law, and confirms the relevance of the research topic addressed in the article.
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Adrienne Tutt, Patricia. "Defining the island city: ancient right versus modern metropolis, as considered at Peel, Isle of Man." Island Studies Journal 9, no. 2 (2014): 191–204. http://dx.doi.org/10.24043/isj.301.
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This paper explores the term ‘city’ per se, and the right to city status in the British Isles. It addresses the nature of modest insular proto-cities, those on small islands and archipelagos that have no great significance outside their own insular sphere, by looking at Peel on the Isle of Man, which claims city status on the basis of its cathedrals, ancient and modern, ruined and working. Whilst not meeting the current United Kingdom’s criteria for city status, Peel’s claim can be validated on two fronts, ancient right and Manx independence from the Crown, or asserted in confident maintenance of the status quo. The latter embodies the independence and otherness of islands and their cities – and their determined self-belief.
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Leifer, Michael. "The Spratly Islands Dispute: Who's on First? (Maritime Briefing Vol. 2, No. 1). By Daniel J. Dzurek. [Durham: International Boundaries Research Unit, University of Durham, 1996. 67 pp. ISBN 1-897643-23-3.] - A Geographical Description of the Spratly Islands and an Account of Hydrographic Surveys Amongst Those Islands (Maritime Briefing Vol. 1, No. 6). By David Hancox and Victor Prescott. [Durham: International Boundaries Research Unit, University of Durham, 1995. 88 pp. ISBN 1-897643-18-7.]." China Quarterly 153 (March 1998): 167–68. http://dx.doi.org/10.1017/s0305741000003106.
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Hylton, S., W. T. White, and A. Chin. "The sharks and rays of the Solomon Islands: a synthesis of their biological diversity, values and conservation status." Pacific Conservation Biology 23, no. 4 (2017): 324. http://dx.doi.org/10.1071/pc17012.
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Sharks and rays are facing increasing anthropogenic pressure globally, including in the Pacific. However, data on their status and biodiversity are lacking for many Pacific Large Ocean Island States. This study aimed to construct a species checklist for the sharks and rays occurring in the Solomon Islands, review the human interactions with these species, and present a synthesis of their conservation status. Given the paucity of available data, a wide range of data sources were used including fisheries data, citizen science, and ethnobiological studies. Results were validated through a review process involving expert informants. Fifty sharks and rays were identified from the Solomon Islands, of which 20 are assessed as Vulnerable or Endangered on the IUCN Red List, 10 in the Convention on International Trade in Endangered Species, and 11 in the Convention for Migratory Species. The checklist also presents an eastwards range extension for the Endangered dwarf sawfish Pristis clavata. Fishing appears to be the main impact, though impacts from habitat loss and degradation are possible. This study provides a systematic synthesis and review of the biological diversity, uses, and cultural significance of Solomon Islands sharks and rays, and describes a process for assembling species checklists and reviews in data-poor contexts. However, this synthesis is based on limited information and a complete assessment of shark and ray status in the Solomon Islands will require primary fieldwork.
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Viskupič, Filip. "Status, Maintenance of Security, and Militarized Foreign Policy." Midwest Social Sciences Journal 24, no. 1 (December 28, 2021): 127–45. http://dx.doi.org/10.22543/0796.241.1065.
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How does status affect foreign policy outcomes? Scholars have long argued that status is a salient foreign policy driver and that states even fight for status, but there is no consensus on how to think about this relationship. I propose that unpacking the link between status and role in international relations can help scholars analyze how status shapes national security outcomes. I illustrate the usefulness of this framework on the processes leading to Australia’s intervention in the Solomon Islands. An analysis of speeches by Australia’s leaders reveals that concern for maintaining Australia’s status as the leader of the Pacific and the role of maintainer of regional order and security affected the decision to dispatch an intervention.
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Jepson, Paul, Nick Brickle, and Yusup Chayadin. "The conservation status of Tanimbar corella and blue-streaked lory on the Tanimbar Islands, Indonesia: results of a rapid contextual survey." Oryx 35, no. 3 (July 2001): 224–33. http://dx.doi.org/10.1046/j.1365-3008.2001.00179.x.
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AbstractTwo parrot species, Tanimbar corella Cacatua goffini and blue-streaked lory Eos reticulata, endemic to the Tanimbar Islands, Indonesia, were regularly trapped and sold into the international wild bird trade prior to 1992. Following concerns about numbers entering the trade, but with little knowledge of the remaining wild population or socio-economic role of bird trapping on the islands, international trade in both species was suspended at the 1992 CITES meeting. This paper reports on a rapid survey conducted on the islands in 1993 as a follow-up to the decision on trade. The survey attempted to determine the status of the wild populations, the distribution and activity of the human population, the interaction between Tanimbar corella and agriculture, and the structure of the local commodity-chain for wild-caught parrots. We found that: (a) both parrot species were widely distributed and present at relatively high densities across the largest island in the group, Yamdena; (b) catching of parrots is geographically limited; (c) in the case of Tanimbar corella, at least, the catching is of birds raiding crops and probably involves mainly immature and non-reproductive birds; (d) the international and domestic ban on catching was generally adhered to locally but the reasons for the ban were not widely understood, contributing to a general mistrust of conservationists that still remains. Although not advocating a lifting of the ban on trapping, we do conclude that in this case invoking the precautionary principle without proper consideration of local context may have been counterproductive to conservation goals.
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Zamil, Yusuf. "PEMBERIAN SERTIPIKAT TERHADAP PULAU-PULAU TERLUAR INDONESIA DALAM MENJAGA KEDAULATAN NEGARA KESATUAN REPUBLIK INDONESIA." Padjadjaran Journal of International Law 1, no. 1 (January 12, 2017): 101–12. http://dx.doi.org/10.23920/pjil.v1i1.279.
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AbstrakKementerian Agraria dan Tata Ruang/Badan Pertanahan Nasional (BPN) berencana mensertipikatkan pulau-pulau terluar di seluruh Indonesia. Dari pulau-pulau terluar tersebut sebagian merupakan pulau yang berpenghuni dan sebagian lainnya tidak berpenghuni. Tujuan pengsertipikatan pulau-pulau terluar tersebut adalah dalam menjaga kedaulatan negara dan agar status hukum dimata negara tetangga dan dunia Internasional menjadi jelas. Terhadap pulau-pulau yang tidak berpenghuni sebaiknya didaftar atas nama Republik Indonesia, sedangkan untuk pulau-pulau yang sudah berpenghuni sertipikat hak atas tanah akan diberikan kepada waga masyarakat yang tinggal di pulau tersebut sesuai dengan luasan tanah yang dimiliki masyarakat. Kebijakan pengelolaan pulau-pulau terluar Indonesia yang harus dilakukan adalah dengan adanya kegiatan aktivitas yang dilakukan oleh warga negara Indonesia dipulau-pulau tersebut termasuk membangun pangkalan-pangkalan militer sebagai alat untuk menjaga kedaulatan wilayah negara kesatuan Republik Indonesia. Kata Kunci: pendaftaran, pulau, terluar, kedaulatan negara
AbstractThe Ministry of Agricultural and Spatial Planning/National Land Agency (BPN) plan to legalize outermost islands of Indonesia. These islands are partly inhabited islands and some are uninhabited. Certificating the outer-most islands is to maintain state sovereignty and legal status in the eyes of its neighbors country and the International community is clear. Against the islands are uninhabited should be registered in the name of the Republic of Indonesia, while the islands have been inhabited land rights certificates will be awarded to people living on the island in accordance with the area of land owned by the Indonesian citizen. Policy management of the outer islands of Indonesia with the activities carried out by Indonesian citizens islands including building military bases as a tool for maintaining the territorial sovereignty of the unitary Republic of Indonesia.Keywords: registration, the outermost islands, state sovereignty
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Jacobsson, Måns. "THE BRAER: LEGAL ASPECTS OF A MAJOR OIL SPILL." International Oil Spill Conference Proceedings 1995, no. 1 (February 1, 1995): 721–28. http://dx.doi.org/10.7901/2169-3358-1995-1-721.
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ABSTRACT The International Oil Pollution Compensation Fund (IOPC Fund), an intergovernmental organization with 58 member states, has recently been involved in a major oil spill of great interest both legally and technically, namely, the Braer incident, which occurred in January 1993 in the United Kingdom. The Braer was laden with approximately 84,000 metric tons (t) of crude oil when it grounded off the Shetland Islands. The ship broke up and the entire cargo escaped into the sea. The United Kingdom Government and Shetland Islands Council incurred expenses for cleanup operations, but these costs were fairly limited, estimated at not greater than US$6 million. The incident resulted in a very large number of claims from small businesses and individuals who suffered economic losses. A local claims office was set up on Shetland to handle these claims. So far, over 1,000 claims have been settled and paid for, representing a total of almost US$45 million. These claims cover losses suffered by fishermen, salmon farmers, crofters, and owners of houses that became polluted by wind-blown oil spray. Many of these claims have given rise to difficult legal problems regarding the admissibility of claims for compensation, in particular those concerning so-called pure economic losses. This paper addresses the practical problems that have arisen in handling the claims and analyzes some of the legal problems encountered.
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Baldacchino, Godfrey. "Islands in Between: Martín García and other Geopolitical Flashpoints." Island Studies Journal 3, no. 2 (2008): 211–24. http://dx.doi.org/10.24043/isj.223.
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The ‘in betweenity’ of islands is an ongoing problematic in contemporary politics. Given their geographic definition and boundedness, islands tend to be unitary jurisdictions - that means that they are unlikely to be shared by more than one power. In fact, there are just 11 islands in the world whose territory is ‘shared’ between more than one national jurisdiction. Meanwhile, there are still various small islands and other bounded territories whose status is contested amongst different (usually larger) states, including Kinmen (Taiwan), Falklands/Malvinas and Gibraltar. In this context, this essay reviews the River Plate area (between Uruguay and Argentina): historically a point of tension between two major powers in Latin America; and some of that tension has been centered on the islands in the region – particularly Martín García.
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Oral, Nilüfer. "International Law as an Adaptation Measure to Sea-level Rise and Its Impacts on Islands and Offshore Features." International Journal of Marine and Coastal Law 34, no. 3 (August 30, 2019): 415–39. http://dx.doi.org/10.1163/15718085-13431094.
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AbstractClimate change-induced sea-level rise will result in the partial or complete inundation of low-lying coastal areas and insular features. The consequences of this include the loss of baselines from which maritime zones are established. The loss of baselines raises a number of legal questions, in particular concerning the legal status of maritime entitlements and in some cases the potential loss of statehood. Solutions proposed include maintaining existing baselines or outer limits of maritime zones, or the construction de novo of artificial islands. This article examines the current state of international law under the international climate-change regime and the law of the sea in relation to adaptation and adaptive measures, such as maintaining of baselines, island fortification and the construction of artificial islands. In addition, the article explores the question as to whether measures such as maintaining baselines would constitute adaptive measures under the existing climate-change regime.