2014 Fiscal Year Final Research Report
Towards an International Law of Islands: A Study of Ocean Management
| Project/Area Number |
24730040
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Multi-year Fund |
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| Research Field |
International law
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| Research Institution | Chubu University |
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Principal Investigator |
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| Project Period (FY) |
2012-04-01 – 2015-03-31
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| Keywords | 国連海洋法条約 / 島の制度 / 排他的経済水域 / 大陸棚 / 延長大陸棚 / 海洋境界画定 / 海洋生態系 / 海洋保護区 |
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| Outline of Final Research Achievements |
This is a study on ocean management practices in the waters surrounding insular territories. It defines the impacts these practices have on the current legal order of the sea and analyzes state practices, judicial precedents, and actions taken by the CLCS with the aim of establishing a system for the Int'l Law of Islands. The analysis reveals that the significance of Article 121 of the UNCLOS - the "Regime of islands" that only distinguishes between islands or rocks - has weakened markedly and that a rapid accumulation of new ocean management practices that pertain to specific situations involving remote insular features in spite of that Article. This means that the interests of the int'l community are moving from "What is an island and what is a rock?" to "How do we manage the expansive sea areas established by remote insular features that UNCLOS did not (or could not) address?" In this sense, the study offers one solution for getting us closer to a true "Regime of islands".
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| Free Research Field |
国際公法、国際海洋法
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