Document Type : Article

Author

Assistant Prof., Faculty of Literature and Humanities, University of Neyshabur, Neyshabur, Iran‎

Abstract

Despite a century of discussion in international conferences, low-tide elevations, a type of insular feature, have received limited attention in the United Nations Convention on the Law of the Sea (UNCLOS). These natural area od lands, surrounded by water and visible during low- tide, are concisely defined but remain a source of inter-state disputes due to the ambiguous scope of their defining elements and their nature. Moreover, the role of low-tide elevations in determining a state's maritime zones and delimiting maritime boundaries exacerbates the challenges faced by subjects of international law. This article employs a descriptive-analytical methodology to examine the definition of this feature, its legal status in the international law of the sea regime, and its impact on maritime zone delimitation, considering state practice, international case law, and scholarly opinion.The research findings indicate that the convention’s definition of low- tide elevations has achieved customary status and is readily considered in determining a state‘s maritime boundaries. However, based on states practice and jurisprudence in delimiting maritime zones, this feature has often been given partial or even no effect.

Keywords

Main Subjects

  1. English

    1. A) Books
    2. Evans, M.D., & Reece, L. (2020). The regime of islands. In The Development of the Law of the Sea Convention, edited by Oystein J., Cheltenham:Edward Elgar Publishing, 14-47.
    3. Schofield, C. & Prescott, V. (2005), The Maritime Political Boudaries of the world. 2ed edition. Boston / Leiden: Martinus Nijhoff Publication.
    4. Symmons, C.R., & Proelss, A. (2017). United Nations Convention on the Law of the Sea: A commentary. München: Nomos Verlagsgesellschaft.
    5. Tanaka, Y. (2019). The international law of the sea. Cambridge: Cambridge University Press.

     

    1. B) Articles
    2. Antunes, N.S. M. (2000). The Importance of the tidal datum in the definition of maritime limits and boundaries. International Boundaries Research Unit, University of Durham.
    3. Lavalle, R. (2014). The rights of states over low-tide elevations: A legal analysis. The International Journal of Marine and Coastal Law, 29 (3), 457-479.
    4. Llanos, H.I. (2002). Low-Tide Elevations: Reassessing Their Impact on Maritime Delimination. Pace International Law Review, 14(2), 255-272. https://doi.org/10.58948/2331-3536.1197.
    5. Murphy, S.D. (2017). International Law Related to Islands. Collected Courses of the Hague Academy of International Law, 386.
    6. Rahman, S. (2019). Baseline Delimitation of ‘Islands, Reefs & Low Tide Elevations’ under International Law of the Sea, 25 Aug 2019. visited: 1/5/2024, available at: http://dx.doi.org/10.2139/ssrn.3440143.
    7. Schofield, C. (2021). The Regime of Islands Reframed: Developments in the Definition of Islands under the International Law of the Sea. Brill Research Perspectives in the Law of the Sea3 (1-2), 1-126.
    8. Symmons, C., (1995). Some Problems relating to the Definition of Insular Formations in International Law: Islands and Low-Tide Elevations. in Maritime Briefing edited by Schofield C.and P. Hocknell, P. International Boundaries Research Unit, University of Durham
    9. Tanaka, Y. (2006). Low-tide elevations in international law of the sea: selected issues. Ocean Yearbook Online. 20 (1), 189-219.

     

    1. C) Cases
    2. ICJ Rep (1951). Case Concerning Fisheries between English- Norway,
    3. ICJ Rep (1982). Case Concerning The continental Shelf between Tunisia- Libyan Arab Jamahiriya
    4. ICJ Rep (1984). Case Concerning Delimitation of the Maritime Boundary in the Gulf of Maine Area between Canada and U.S.A,
    5. ICJ Rep (2001), Case Concerning Maritime Delimitation and Territorial Questions between Qatar and Bahrain
    6. ICJ Rep (2007). Territorial and Maritime Dispute between Nicaragua and Honduras in the Caribbean Sea (Nicaragua v. Honduras)
    7. ICJ Rep (2012). Case Concerning Territorial and Maritime Dispute between Nicaragua and Colombia
    8. Court of Arbitration Award (1977). Case Concerning Delimitation of the Continental Shelf between the United Kingdom and France
    9. PCA Rep (1999). Case Concerning the Delimitation of Maritime Zone between Eritrea- Yemen
    10. PCA Rep (2016). Case Concerning the South China dispute between Philippine and China.

     

    References In Persian:

    1. A) Books
    2. Chegini, V., oceanography physical and engineering coastal of Glossary. Tehran: Iranian National Institute for Oceanography and Atmospheric Science Pub (In Persian).
    3. Salari, A., (2013).The legal Regime of islands in International Law. Tehran: Khorsandi pub (In Persian).

     

    1. B) Articles
    2. Mirheydar, D. et al., )2019). Analysis of the role of tides in marine territorialization and the effects of climate change on it. Scientific Research Quarterly of Geographical Data 28 (111), 23-40 (In Persian).
    3. Salari, A., Effects of Islands on the Delimitation of Maritime Zones from the Perspective of international Jurisprudence, Public Law Studies Quarterly 49 (4), 1043-1066, https://doi.org/10.22059/jplsq.2019.280469.1999 (In Persian).
    4. Seyrafi, S., (2018). The Use of Straight Baselines in Maritime Delimitation; with Special Reference to Maritime Delimitation between Iran and Kuwait. Public Law Studies Quarterly, 48 (3), 483-505, https://doi.org/10.22059/jplsq.2018.255668.1714 (In Persian).