What is the legal status of Okinotorishima?

What is the legal status of Okinotorishima?

Chief Cabinet Secretary Yoshihide Suga on Thursday asserted the position that Okinotorishima is an island under international law and consequently entitled to a 200-nautical-mile exclusive economic zone.

What is Clcs in unclos?

Article 76 of UNCLOS, the UN Convention on the Law of the Sea, stipulates that coastal states may establish the outer limits of their continental shelf beyond 200 nautical miles in case there is topographical or geological continuity, provided the Commission on the Limits of the Continental Shelf (CLCS) issues a …

What are regime of islands?

Regime of islands. 1. An island is a naturally formed area of land, surrounded by water, which is above water at high tide. 2.

What are the Unclos provisions?

The convention covers almost all human uses of the seas—navigation and overflight, resource exploration and exploitation, conservation and pollution, fishing, and shipping.

Do rocks generate territorial sea?

It does however have an exception. According to paragraph 3 of the same article, “[r]ocks which cannot sustain human habitation or economic life of their own shall have no exclusive economic zone or continental shelf.” These rocks generate rights only to a territorial sea and a contiguous zone.

What kind of passage does qualify as innocent passage?

The United Nations Convention on the Law of the Sea Article 19 defines innocent passage as: Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal State. Such passage shall take place in conformity with this Convention and with other rules of international law.

What is the role of CLCS?

CLCs promote and contribute to human rights and social justice by advocating for access to justice, equitable laws and legal systems. Looking for more information about CLCs? Head over to the Community Legal Centre NSW (CLCNSW) website.

What is Clcs India’s representation?

India will soon not have a representative in U.N. scientific body, Commission on Legal Continental Shelf (CLCS) that decides what portions of the seabed can be exclusively mined for natural resources such as oil, precious metals and minerals. Rasik Ravindra is India’s current member of the CLCS.

Who owns Kalayaan Group of islands?

the Philippines
Republic Act No. 9522, which defined the archipelagic baselines of the Philippines, claimed sovereignty over the Kalayaan Island Group under Section 2, sub-paragraph A which described the territory as a “Regime of Islands”—a concept defined in the United Nation Convention on Law of the Sea for similar bodies of land.

What is considered to be an island?

An island is a body of land surrounded by water. Continents are also surrounded by water, but because they are so big, they are not considered islands. Australia, the smallest continent, is more than three times the size of Greenland, the largest island. Islands in rivers are sometimes called aits or eyots.

What do the provision of UNCLOS 1982 govern?

The United Nations Convention on the Law of the Sea (UNCLOS) was adopted in 1982 in Montego Bay, Jamaica and entered into force on 16 November 1994. The Convention establishes general obligations for safeguarding the marine environment and protecting freedom of scientific research on the high seas.

Which article of the 1982 Convention on the Law of the Sea deals with the breadth of territorial sea?

Article 33
Article 33 punish infringement of the above laws and regulations committed within its territory or territorial sea. The contiguous zone may not extend beyond 24 nautical miles from the baselines from which the breadth of the territorial sea is measured.

Is Okinotorishima a “rock that cannot sustain human habitation and economic life?

China disputed Japan’s claim over three areas measured from Okinotorishima on the ground that Okinotorishima was in fact a “rock that cannot sustain human habitation or economic life of its own ” under Article 121 (3) of UNCLOS and, as such, should not have its own continental shelf. South Korea also submitted a similar argument to the CLCS.

What is the significance of Okinotorishima?

The significance of Okinotorishima and its status under the international law of the sea | Arbitration notes A rock or an island? The significance of Okinotorishima and its status under the international law of the sea Okinotorishima is an atoll in the Philippine Sea.

What is the definition of an island under UNCLOS?

Under UNCLOS (Article 121), an “island” is defined as “ a naturally formed area of land, surrounded by water, which is above water at high tide “. Islands (except “ rocks which cannot sustain human habitation or economic life of their own ”) have their own continental shelf.