Research On The Legal Status Of The Artificial Construction On Rocks And Islands

There are lots of unclear and confusing regulations and legal interpretation about artificial construction of island and artificial island on the UNCLOS and some international verdict from international arbitral institution,which makes the legal status of the artificial construction of rocks and islands ambiguous until now.Therefore,I did this research with the intent of making legal status of the artificial construction of rock and island clarified and providing helpful advises about solution of South China Sea dispute.There are several brief introduction about the definition of the artificial construction of rocks and island and South China Sea dispute in the part One.In this part,it analyzes simply relevant maritime features on which scientists made artificial influences as well as the definition of the artificial construction of rocks and island.Meanwhile,I raised some examples of international dispute because of the ambiguity of the legal status of the artificial construction of rocks and island in order to draw reader's attention to research emphasis in this theory.There are several concerned basis principles of international law about the artificial construction of rocks and island in the part Two.In this part,I made a comparison between traditional international law and contemporary one about the views of artificial islands.We can learn the change of legal status of artificial islands by above comparison.It's analyzed that the legal status of the artificial construction of rocks and island from the view of state practices and international treaties in the part Three.This part is divided into two sections.I take the Okinotorishima case for the example,aiming to set out the judgement reason made by international institution.In conclusion,there is no state practices about the artificial construction of rocks and island.It's discussed in the view of international treaty in the second section.Basing on the article 121 of UNCLOS,I made a research of whether the artificial construction on rocks and islands match the condition of natural elements.Next,I developed further the research of whether the nature of the artificial construction on rocks and islands provide enough resource to keep human being alive and economic operation effective.In a conclusion,the artificial construction on rocks and islands meet the requirement of article 121 of UNCLOS.There are three restrictions when the state make the artificial construction of rockand island in the part Four.As discussed above,we learn that no matter what country exercises its sovereignty,it should obey the basic principles of international law.In this part,I enumerated three basic principles to emphasize that every country should limit expansion on application of article 121 of UNCLOS.The part Five analyzes the practical application of the legal status of the artificial construction on rocks and islands in the South China Sea.Confirming the legal status of the artificial construction on rocks and islands can help us build the regime of Archipelagic waters in South China Sea and promote the negotiation between China and other country which conflict with our motherland.