Legal Regime of Artificial Islands and Other Permanent Structures at Sea

• Published in: Moscow Journal of International Law
• Main Authors: A. N. Vylegzhanin, K. V. Krymskaya
• Format: Article in Journal/Newspaper
• Language: English; Russian
• Published: Moscow State Institute of International Relations (MGIMO) 2018
• Subjects: un convention on the law of the sea 1982; convention on the continental shelf 1958; artificial islands; permanent structures at sea; installations and structures at sea; offshore installations; safety zones; permanent harbor works; exclusive economic zone; continental shelf; high seas; due notice; international maritime organization; Law of nations; KZ2-6785; Comparative law. International uniform law; K520-5582; Arctic
• Online Access: https://doi.org/10.24833/0869-0049-2018-2-42-57; https://doaj.org/article/41b91d3de3ac4c5a960d853122423f9b

Introduction. The 1969 Report of the UN General Secretary noted that 125 fixed platforms were used in offshore areas for the purpose of oil industry. “The International Law of the Sea” (Vol. 1 and 2) published in UK in 1994 provides that “approximately 6000 fixed platforms have been installed in offshore areas throughout the world”. In 2014 only in the area of the OSPAR Convention, 1992, more than 1300 offshore constructions were installed. As for January 2018, the majority of these constructions are in the North Sea (184), the Gulf of Mexico (175), the Persian Gulf (159), and offshore of Far East Asia (152) and Southeast Asia (152). In the other regions this number varies from 3 to 88, while the Canadian Arctic has the smallest number of offshore constructions limited to just 1 object. Accordingly, the issues of interpretation of UNCLOS articles on legal regime of artificial islands and other fixed structures at sea are becoming more pressing. Moreover, the interstate relations, regarding construction of artificial islands in offshore areas, need relevant legal framework to be in place, taking into account the constant growth of economic and military “competition” among countries, as well as the development of science and technologies applicable to offshore construction.Materials and methods. This paper dwells upon the international treaties and other legal instruments, which rely upon the terms “artificial islands”, “installations”, “structures” at sea for regulating relations among States and between States and other international law subjects. The materials for this paper are also commentaries of the UNCLOS, interpretation of the relevant articles of 1958 Geneva maritime conventions, applicable resolutions of the International Maritime Organization, and also definitions of the conventional terms suggested by scholars. The methodological basis of the research consists of general scientific and specific methods, including comparative method.Research results. Most specialists in the law of the sea who research ...