5.

The Tribunal’s Consideration

A. Interpretation of Article 121 of the Convention

1. The text of Article 121 (3)
a. “Rocks”
b. “cannot”
c. “sustain”
d. “human habitation”
e. “or”
f. “economic life of their own”
g. Conclusions drawn from the Text of Article 121 (3)
2. The Context of Article 121 (3) and the Object and Purpose of the Convention
a. The Context of Islands, Rocks, and Low-Tide Elevations
b. The link between Article 121 (3) and the Purpose of Exclusive Economic Zone
3. The Travauz Preparatoires of Article 121 (3)
a. The History of Article 121 (3)
b. Conclusions Drawn from the Travauz Preparatoires
4. Conclusions on the Interpretation of Article 121 (3)
5. Relavance of State Practice in the Implementation of Article 121 (3)
B. Application of Article 121 (3) to Scarborough Shoal, Johnson Reef, Cuarteron Reef, Fiery Cross
Reef, Gaven Reef (North), and McKennan Reef.
1. Scarborough Shoal
2. Johnson Reef
3. Cuarteron Reef
4. Fiery Cross Reef
5. Gaven Reef (North)
6. McKennan Reef
C. Application of Article 121 to the Spratly Islands as a Whole
D. Application of Article 121 to Other High-Tide Features in the Spratly Islands
1. Factual Findings concerning High-Tide Features in the Spratly Islands
a. The Presence of Potable Fresh Water
b. Vegetation and Biology
c. Soil and Agricultural Potential
d. Presence of Fisherman
e. Commercial Operations
2. The Application of Article 121 and the Tribunal’s Conclusions on the Status of Features
a. Historical Human Habitation of the Features of the Spratly Islands
b. Historical Economic Life of Their Own of the Features of the Spratly Islands
E. Decision on the Tribunal’s Jurisdiction with respect to Submission No. 5
1. Maritime Boundary Delimitation and the Tribunal’s Jurisdiction
2. Third Parties and the Tribunal’s Jurisdiction
F. Conclusion