Abstract (eng)
The Regime of islands of the United Nations Convention on the Law of the Sea proclaims that “[r]ocks which cannot sustain human habitation or economic life of their own shall have no exclusive economic zone or continental shelf”. The meaning of this wording, in particular that of “human habitation” and “economic life”, has been subject to debate.
This thesis shows that an island’s status as a “rock” or an “island in the narrow sense”, which is an island fully entitled to both an EEZ and a continental shelf, depends on whether it can sustain a long-term socially well-integrated community or a non-transitory economic activity that contributes to national economic output and is useful on the island in question. The key issues of the assessment of an island’s status are its contemporary habitability and economic usability. Building and land development are relevant in this respect as well. Contrary to the conclusions of the 2016 South China Sea Arbitration, an island’s historic, or “natural” state, plays a very limited role in the assessment of its capacity to sustain human habitation or economic life.
This thesis also shows that the Regime of islands has become part of customary international law, and that, the Venezuelan and Turkish statements in this regard notwithstanding, there are no persistent objectors in this regard. While Article 121 (3) can and has been clearly interpreted, there would be undeniable benefits to its deletion.