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

Environmental science and Article 121(3) of the United Nations Convention on the Law of the Sea
Environmental science and Article 121(3) of the United Nations Convention on the Law of the Sea
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.
University of Southampton
Harun, Suraya Binti
ba62003f-e527-447e-8284-4d6e6eb92de9
Harun, Suraya Binti
ba62003f-e527-447e-8284-4d6e6eb92de9
Serdy, Andrew
0b9326c4-8a5a-468f-9ca8-7368ccb07663

Harun, Suraya Binti (2017) Environmental science and Article 121(3) of the United Nations Convention on the Law of the Sea. University of Southampton, Doctoral Thesis, 466pp.

Record type: Thesis (Doctoral)

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.

Text
Final submission of thesis - unsigned - Version of Record
Available under License University of Southampton Thesis Licence.
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Published date: March 2017

Identifiers

Local EPrints ID: 422204
URI: http://eprints.soton.ac.uk/id/eprint/422204
PURE UUID: 5a52aaf1-09bc-4fbc-8504-ebc0334f78e3
ORCID for Andrew Serdy: ORCID iD orcid.org/0000-0002-4727-6536

Catalogue record

Date deposited: 18 Jul 2018 16:31
Last modified: 16 Mar 2024 03:45

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Contributors

Author: Suraya Binti Harun
Thesis advisor: Andrew Serdy ORCID iD

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