Environmental science and Article 121(3) of the United Nations Convention on the Law of the Sea

Abstract

The impact of Article 121(3) of the United Nations Convention on the Law of the Sea on ‘rock’ islands is a critical issue, affecting the extent of their maritime entitlement, namely whether they have the right to an exclusive economic zone and a continental shelf, or otherwise. The required criteria for such rocks to be able to sustain human habitation or have an economic life of their own which determine the outcome of their maritime entitlement had triggered the need to ascertain the elements that satisfy these criteria.

An investigation into relevant available sources and materials such as the legislative history of the provision, judicial decisions, State practice and views by maritime legal experts and other scholars has revealed the complexity and difficulties in identifying a common understanding of the matter, with particular regard to States as the directly affected party under this provision which thus calls for other ways that could contribute to address the issue.

This research thus applied environmental science as one of the means to contribute in providing a reasonably acceptable starting point for States that could be used if the need arises. A more serious attitude towards the application of scientific evidence, with primary regard to the relationship between humans and their environment, should thus be given as it can provide a platform for States to initiate negotiations concerning the matter.

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ORCID for Andrew Serdy: orcid.org/0000-0002-4727-6536

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