Revisiting the Legal Status of Dependent Archipelagic Waters from First Principles

Barnes, Richard (2022) Revisiting the Legal Status of Dependent Archipelagic Waters from First Principles. In: Peaceful Maritime Engagement in East Asia and the Pacific Region. Brill, pp. 164-188. ISBN 9789004518629, 9789004518612

Full content URL: https://doi.org/10.1163/9789004518629

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Revisiting the Legal Status of Dependent Archipelagic Waters from First Principles
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Abstract

This paper seeks to revisit this aspect of claims to archipelagic waters to consider the extent to which the geographic, economic, and political unity of the archipelago can and should influence dependent archipelagic claims. These conditions are important for two reasons. First, the requirements for geographic, economic, political, and historical unity serve to ensure there is a material connection between legal claims or maritime jurisdiction and the underlying social, economic and geopolitical reality. This is critical because law must be sensitive to the material conditions at play in our oceans. In an archipelagic context this is importance because it is reflected in the idea of a fundamental relationship between the islands and ocean spaces, and with the peoples who live in those spaces. Second, since there is no discreet legal basis for dependantdependent archipelagos under Part IV of the LOSC, I argue that any special status they enjoy must arise under customary international law. Furthermore, I argue that customary international law permits claims to dependent archipelagos. However, such claims should demonstrate the geographic, economic and political unity of mid-ocean archipelagos. These arguments are advanced in the second part of the paper. In the third part of the paper, the geographic, economic, political, and historical requirements for an archipelago are unpacked. The purpose here is to consider how such factors play a role in mediating claims to offshore archipelagos.

Keywords:United Nations Convention on the Law of the Sea, archipelago, law of the sea, International law, sovereignty
Subjects:M Law > M100 Law by area
M Law > M130 Public International Law
Divisions:College of Social Science > Lincoln Law School
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ID Code:50317
Deposited On:03 Aug 2022 08:40

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