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Should the Diaoyu/Senkaku Islands Be Classified as Islands or Rocks? An Examination in Light of the South China Sea Arbitration Award

Should the Diaoyu/Senkaku Islands Be Classified as Islands or Rocks? An Examination in Light of the South China Sea Arbitration Award

Olorundami, Fayokemi Ayodeji (2019) Should the Diaoyu/Senkaku Islands Be Classified as Islands or Rocks? An Examination in Light of the South China Sea Arbitration Award. International Journal of Marine and Coastal Law, 34 (2). pp. 325-349. ISSN 0927-3522 (Print), 1571-8085 (Online) (doi:https://doi.org/10.1163/15718085-23341002)

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24612 OLORUNDAMI_ Diaoyu_Senkaku_Islands_Arbitration_Award_(AAM)_2019.pdf - Accepted Version
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Abstract

In July 2016, an Arbitral Tribunal handed down its award in the South China Sea dispute between the Philippines and China. In addition to considering the legal status of the controversial nine-dash line, the Tribunal also provided the first judicial interpretation of Article 121 of the LOSC, thereby shedding light on what maritime features may be regarded as islands and not rocks within the meaning of that article, and therefore entitled to an exclusive economic zone (EEZ) and continental shelf. This article considers the decision reached by the Tribunal, and the views expressed in the literature, applying them to an analysis that attempts to answer whether the Diaoyu/Senkaku Islands (sovereignty over which is disputed by China and Japan) in the East China Sea would qualify as islands, and thus entitled to an EEZ and as a continental shelf, or as rocks and therefore not so entitled.

Item Type: Article
Uncontrolled Keywords: Diaoyu/Senkaku Islands, East China Sea dispute, South China Sea dispute, islands, rocks, economic life of its own, sustain human habitation
Subjects: J Political Science > JX International law
J Political Science > JZ International relations
Faculty / Department / Research Group: Faculty of Architecture, Computing & Humanities
Faculty of Architecture, Computing & Humanities > Department of Law
Last Modified: 28 Jun 2019 12:45
Selected for GREAT 2016: None
Selected for GREAT 2017: None
Selected for GREAT 2018: None
Selected for GREAT 2019: None
URI: http://gala.gre.ac.uk/id/eprint/24612

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