Roach, J Ashley --- "Rocks versus islands: implications for protection of the marine environment" [2018] ELECD 978; in Jayakumar, S.; Koh, Tommy; Beckman, Robert; Davenport, Tara; Phan, D. Hao (eds), "The South China Sea Arbitration" (Edward Elgar Publishing, 2018) 247

Book Title: The South China Sea Arbitration

Editor(s): Jayakumar, S.; Koh, Tommy; Beckman, Robert; Davenport, Tara; Phan, D. Hao

Publisher: Edward Elgar Publishing

ISBN: 9781788116268

Section: Chapter 11

Section Title: Rocks versus islands: implications for protection of the marine environment

Author(s): Roach, J Ashley

Number of pages: 29

Abstract/Description:

This chapter examines the relationship between the criteria developed by the Arbitral Tribunal for distinguishing a rock from other islands with the environmental protection duties of all states, which the Award did not do. It suggests the Award is not an adverse precedent for those states claiming an exclusive economic zone (EEZ) from rocks. The chapter also reviews state practice in this regard, which the Tribunal did not address in detail in its Award. The chapter concludes that the Tribunal’s criteria must be carefully applied to the facts and circumstances of each high-tide feature in assessing whether each feature is entitled to a continental shelf/EEZ or only a territorial sea, and predicts that few states will change their position on such features.