Scrutinising the Maritime Zones Around Australia’s Sub-Antarctic Islands
Abstract In 2016, the South China Sea Arbitral Tribunal was the first tribunal or court to interpret Article 121(3) of the United Nations Convention on the Law of the Sea. The Tribunal’s interpretation raises international law questions regarding the validity of claimed exclusive economic zones ( ee...
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crbrillap:10.1163/24519391-06010003 2023-05-15T14:10:19+02:00 Scrutinising the Maritime Zones Around Australia’s Sub-Antarctic Islands Implications of the South China Sea Arbitration and Subsequent State Practice Galliford, Karina 2021 http://dx.doi.org/10.1163/24519391-06010003 https://brill.com/view/journals/apoc/6/1/article-p40_40.xml https://brill.com/downloadpdf/journals/apoc/6/1/article-p40_40.xml unknown Brill Asia-Pacific Journal of Ocean Law and Policy volume 6, issue 1, page 40-65 ISSN 2451-9367 2451-9391 journal-article 2021 crbrillap https://doi.org/10.1163/24519391-06010003 2022-12-11T12:46:31Z Abstract In 2016, the South China Sea Arbitral Tribunal was the first tribunal or court to interpret Article 121(3) of the United Nations Convention on the Law of the Sea. The Tribunal’s interpretation raises international law questions regarding the validity of claimed exclusive economic zones ( eez s) and continental shelf maritime areas around many islands including Australia’s sub-Antarctic Islands. Owing to their geographical remoteness, harsh climates, lack of resources, as well as never been ‘home’ to any group of people in a settled way, questions have been raised as to the validity of Australia’s claimed maritime zones with respect to Article 121(3) in both pre- and post-South China Sea Arbitral Award commentary. The article assesses the validity of Australia’s claim by applying the Tribunal’s interpretation of Article 121(3) to the physical and historical facts of the Islands while raising alternate interpretations offered by prior and subsequent commentary. Three examples of possible State practice are reviewed for evidence of other interpretations that may have been agreed to by parties to the Convention. The findings are that Heard and Macquarie Islands are likely classified as islands entitled to an eez and continental shelf whereas McDonald Island is more likely to be an Article 121 ‘rock’. Article in Journal/Newspaper Antarc* Antarctic Brill (via Crossref) Antarctic Many Islands ENVELOPE(-119.170,-119.170,56.317,56.317) McDonald Island ENVELOPE(72.600,72.600,-53.050,-53.050) Asia-Pacific Journal of Ocean Law and Policy 6 1 40 65 |
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Abstract In 2016, the South China Sea Arbitral Tribunal was the first tribunal or court to interpret Article 121(3) of the United Nations Convention on the Law of the Sea. The Tribunal’s interpretation raises international law questions regarding the validity of claimed exclusive economic zones ( eez s) and continental shelf maritime areas around many islands including Australia’s sub-Antarctic Islands. Owing to their geographical remoteness, harsh climates, lack of resources, as well as never been ‘home’ to any group of people in a settled way, questions have been raised as to the validity of Australia’s claimed maritime zones with respect to Article 121(3) in both pre- and post-South China Sea Arbitral Award commentary. The article assesses the validity of Australia’s claim by applying the Tribunal’s interpretation of Article 121(3) to the physical and historical facts of the Islands while raising alternate interpretations offered by prior and subsequent commentary. Three examples of possible State practice are reviewed for evidence of other interpretations that may have been agreed to by parties to the Convention. The findings are that Heard and Macquarie Islands are likely classified as islands entitled to an eez and continental shelf whereas McDonald Island is more likely to be an Article 121 ‘rock’. |
format |
Article in Journal/Newspaper |
author |
Galliford, Karina |
spellingShingle |
Galliford, Karina Scrutinising the Maritime Zones Around Australia’s Sub-Antarctic Islands |
author_facet |
Galliford, Karina |
author_sort |
Galliford, Karina |
title |
Scrutinising the Maritime Zones Around Australia’s Sub-Antarctic Islands |
title_short |
Scrutinising the Maritime Zones Around Australia’s Sub-Antarctic Islands |
title_full |
Scrutinising the Maritime Zones Around Australia’s Sub-Antarctic Islands |
title_fullStr |
Scrutinising the Maritime Zones Around Australia’s Sub-Antarctic Islands |
title_full_unstemmed |
Scrutinising the Maritime Zones Around Australia’s Sub-Antarctic Islands |
title_sort |
scrutinising the maritime zones around australia’s sub-antarctic islands |
publisher |
Brill |
publishDate |
2021 |
url |
http://dx.doi.org/10.1163/24519391-06010003 https://brill.com/view/journals/apoc/6/1/article-p40_40.xml https://brill.com/downloadpdf/journals/apoc/6/1/article-p40_40.xml |
long_lat |
ENVELOPE(-119.170,-119.170,56.317,56.317) ENVELOPE(72.600,72.600,-53.050,-53.050) |
geographic |
Antarctic Many Islands McDonald Island |
geographic_facet |
Antarctic Many Islands McDonald Island |
genre |
Antarc* Antarctic |
genre_facet |
Antarc* Antarctic |
op_source |
Asia-Pacific Journal of Ocean Law and Policy volume 6, issue 1, page 40-65 ISSN 2451-9367 2451-9391 |
op_doi |
https://doi.org/10.1163/24519391-06010003 |
container_title |
Asia-Pacific Journal of Ocean Law and Policy |
container_volume |
6 |
container_issue |
1 |
container_start_page |
40 |
op_container_end_page |
65 |
_version_ |
1766282376722251776 |