International Law Relating to Islands

by Sean D. Murphy

This monograph considers the application of general rules of international law to islands, as well as special rules focused on islands, notably Article 121 of the UN Convention on the Law of the Sea. Such rules have been applied in several landmark cases in recent years, including the International Court of Justice's judgments in Territorial and Maritime Dispute (Nicaragua v. Colombia), and arbitral awards in the Chagos Marine Protected Area Arbitration (Mauritius v. United Kingdom) and the South China Sea Arbitration (Philippines v. China). Among other things, this monograph explores: the legal concepts of "islands", "rocks" and "low-tide elevations"; methods of securing sovereignty over and the maritime zones generated by islands; islands and historic titles, bays and rights; problems of delimitation in the presence of islands; legal issues arising from changes in islands over time (notably from climate change); and contemporary techniques for resolving disputes over islands.

ebook

Published March 25, 2019

About the author

Sean D. Murphy is the Manatt/Ahn Professor of International Law at George Washington University in Washington, D.C. Since 2012, he has been a member of the U.N. International Law Commission, which appointed him special rapporteur for crimes against humanity. From 1987 to 1998, Professor Murphy was an attorney in the Office of the Legal Adviser at the U.S. Department of State, specializing in international claims and investment disputes, the law of war, and oceans and environmental law. He has served as an arbitrator, counsel, or expert in cases before international courts and tribunals, and during 2018-2020 he is the President of the American Society of International Law.