ISLAND, ARCHIPELAGOS, CANALS AND STRAITS

1. How is Article 121 UNCLOS explained?

Article 121 of UNCLOS (United Nations Convention on the Law of the Sea) is about
the legal status of islands. It sets out the criteria that determine whether an island can
generate an exclusive economic zone (EEZ) and continental shelf.
The article distinguishes between two types of islands:
"Rocks" which cannot sustain human habitation or economic life on their own; and
"Islands" which can sustain human habitation or economic life on their own.
For the purposes of Article 121, an island is defined as a naturally formed area of
land, surrounded by water, which is above water at high tide. To be classified as an
island, it must be able to sustain human habitation or economic life of its own. The
determination of whether an island can sustain human habitation or economic life
on its own depends on factors such as the size of the island, its natural resources, and
its distance from the mainland.
If an island meets the criteria of Article 121, it is entitled to generate an EEZ and
continental shelf. However, if it is a "rock" that cannot sustain human habitation or
economic life on its own, it is not entitled to an EEZ or continental shelf.
It is important to note that the determination of whether an area is an island or a rock
is made on a case-by-case basis, taking into account all relevant factors. This
determination has significant implications for the maritime entitlements of the state
that claims the area.

2. What is legal status of an island under UNCLOS?

Under UNCLOS (United Nations Convention on the Law of the Sea), an island is a
naturally formed area of land, surrounded by water, which is above water at high
tide and can sustain human habitation or economic life on its own.
An island is entitled to a wider range of maritime zones than a rock or other similar
features, as long as it meets the criteria of Article 121 of UNCLOS. The legal status
of an island depends on its location, size, and the nature of its resources.

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If an island is within the territorial sea of a coastal state, the coastal state has
sovereignty over the island, which means it has exclusive rights to explore, exploit,
and manage the natural resources in and around the island.
If an island is beyond the territorial sea but within 200 nautical miles from the
baseline, it can generate an exclusive economic zone (EEZ) of up to 200 nautical
miles from its own baseline. This means the coastal state has the exclusive right to
explore and exploit the natural resources within that zone, including fish stocks and
minerals.
If an island is located on a continental shelf, the coastal state has the exclusive right
to explore and exploit the natural resources on or beneath the continental shelf within
200 nautical miles from its baseline.
It is important to note that the legal status of an island is subject to UNCLOS and
any relevant international agreements or treaties. The determination of the legal
status of an island can be a contentious issue, especially when it is located in disputed
waters or overlaps with the maritime entitlements of neighboring states.

3. What is legal status of a rock

Under UNCLOS (United Nations Convention on the Law of the Sea), a rock is a
naturally formed area of land that cannot sustain human habitation or economic life
on its own. The legal status of a rock is different from that of an island because it
does not generate an exclusive economic zone (EEZ) or continental shelf.
As per Article 121 of UNCLOS, rocks are not entitled to an EEZ or continental shelf,
regardless of their distance from the mainland or their proximity to other islands.
However, they do have a territorial sea, which extends up to 12 nautical miles (22.2
kilometers) from their baseline. The coastal state has sovereignty over the territorial
sea of the rock, which means it has exclusive rights to explore, exploit, and manage
the natural resources in the area.
The legal status of a rock is important because it affects the maritime entitlements
of the coastal state that claims it. Rocks are often located in areas of strategic
importance, such as shipping lanes or disputed territorial waters, and the
determination of their legal status can have significant implications for the rights of
the coastal state and other states in the region.

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 4. What is an artificial island under UNCLOS?
Under UNCLOS (United Nations Convention on the Law of the Sea), an artificial
island is a human-made structure that is built on a submerged feature such as a reef,
bank, or shoal, and is located within the exclusive economic zone (EEZ) or on the
continental shelf of a coastal state. Artificial islands can be used for a variety of
purposes, such as military installations, scientific research, or resource exploration.
According to UNCLOS, artificial islands have no territorial sea of their own.
However, they may generate an EEZ or continental shelf in the same manner as
natural islands, depending on their size and the nature of the activities conducted on
them.
The legal status of artificial islands is determined by their location and the activities
conducted on them. If an artificial island is located within the territorial sea of a
coastal state, it is subject to the sovereignty of that state, and the coastal state has
exclusive jurisdiction over it. If it is located within the EEZ or continental shelf of a
coastal state, the coastal state has sovereign rights over it for the purpose of exploring
and exploiting natural resources, as well as for other economic activities, such as
fishing and scientific research.
UNCLOS also sets out specific requirements for the construction and operation of
artificial islands, including the obligation to notify and consult with other states that
may be affected by the construction or operation of the artificial island. The
construction and operation of artificial islands must also be carried out in a manner
that is consistent with the obligation to protect and preserve the marine environment.

5. How does an artificial island differ from an island?

An artificial island is a human-made structure that is built on a submerged feature
such as a reef, bank, or shoal, and is located within the exclusive economic zone
(EEZ) or on the continental shelf of a coastal state. On the other hand, an island is a
naturally formed landmass that is surrounded by water.
Here are some of the key differences between artificial islands and islands:
• Formation: Artificial islands are created by human intervention, while islands
are naturally formed by geological processes such as volcanic activity or
erosion.

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 • Location: Artificial islands are often built on submerged features, while
islands are located in open waters.
• Size: Artificial islands can be constructed to any size, depending on their
intended purpose, while islands are limited in size by the natural processes
that formed them.
• Legal status: The legal status of artificial islands is determined by their
location and the activities conducted on them, while islands are generally
recognized as having their own territorial sea, EEZ, and continental shelf.
• Natural resources: Artificial islands are often constructed to access natural
resources such as oil and gas, while islands may also have natural resources,
but these are generally limited by the size and location of the island.
• Biodiversity: Islands are often characterized by unique biodiversity due to
their isolation, while artificial islands generally lack the same level of
biodiversity and may even have a negative impact on surrounding ecosystems.
These are some of the key differences between artificial islands and islands. While
they may share some similarities in terms of their physical characteristics and use,
they are fundamentally different in terms of their formation and legal status.

6. What is an archipelago?
An archipelago is a group or chain of islands that are usually located close to one
another and may be connected by a sea or ocean. The islands in an archipelago may
vary in size, shape, and terrain, and they may be located in different countries or
territories.
According to UNCLOS (United Nations Convention on the Law of the Sea), an
archipelagic state is a state that is composed entirely of one or more archipelagos,
and its waters, including its territorial sea, internal waters, archipelagic waters, and
contiguous zone, form a single unit.
In other words, an archipelagic state is a state that comprises of several islands that
are close to each other and located within a particular region of the sea, and the
waters between these islands are considered part of the state's internal waters. The
archipelagic waters of an archipelagic state extend from the baseline of the
archipelago out to 12 nautical miles, and foreign ships have the right of innocent
passage through these waters.

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The concept of an archipelago is important in international law because it has
implications for the maritime boundaries and territorial claims of states in the region.
Archipelagos are often located in areas of strategic importance, such as shipping
lanes or fishing grounds, and the determination of their legal status can have
significant implications for the rights of the coastal states and other states in the
region.

7. What is an archipelagic baseline?

An archipelagic baseline is a line drawn around the outermost points of the islands
or rocks that form an archipelago, from which the breadth of the territorial sea, the
contiguous zone, and other maritime zones are measured.
UNCLOS (United Nations Convention on the Law of the Sea) defines an
archipelagic state as a state that is composed entirely of one or more archipelagos,
and its waters, including its territorial sea, internal waters, archipelagic waters, and
contiguous zone, form a single unit. In an archipelagic state, the archipelagic
baseline is used to define the extent of the state's maritime zones and the limits of its
sovereignty over its waters.
According to UNCLOS, the archipelagic baseline must be continuous, without any
interruption or gaps, and must be drawn in such a way as to enclose the outermost
points of the archipelago. The baseline may be drawn either around the perimeter of
the archipelago or through the individual islands, depending on the shape and size
of the archipelago.
The archipelagic baseline is important because it serves as the starting point for
measuring the breadth of the territorial sea, the contiguous zone, and other maritime
zones of the archipelagic state. The determination of the archipelagic baseline can
be a contentious issue, especially when the archipelago is located in disputed waters
or overlaps with the maritime entitlements of neighboring states.

8. What is an archipelagic water?

Archipelagic waters are the waters enclosed by the archipelagic baselines of an
archipelagic state, as defined under UNCLOS (United Nations Convention on the
Law of the Sea). An archipelagic state is a state that is composed entirely of one or

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more archipelagos and its waters, including its territorial sea, internal waters,
archipelagic waters, and contiguous zone, form a single unit.
According to UNCLOS, the archipelagic waters of an archipelagic state are subject
to the sovereignty of the state, which means the state has exclusive authority and
control over these waters. This includes the right to regulate and manage the use of
natural resources, enforce laws and regulations, and conduct activities related to
security and defense.
Foreign ships have the right of innocent passage through archipelagic waters, which
means they have the right to navigate through these waters in a continuous and
expeditious manner without engaging in any activities that are prejudicial to the
peace, good order, or security of the archipelagic state. However, the archipelagic
state may regulate the passage of foreign ships through its archipelagic waters,
including the designation of sea lanes and the requirement of prior notification or
authorization.
The concept of archipelagic waters is important because it has implications for the
maritime boundaries and territorial claims of archipelagic states. The determination
of the archipelagic baseline and the extent of archipelagic waters can have significant
implications for the rights of the coastal state and other states in the region.

9. What are the differences between the innocent passage in the territorial
sea and the innocent passage in the archipelagic water?
Innocent passage in the territorial sea and the archipelagic waters are two concepts
that are governed by different provisions under UNCLOS (United Nations
Convention on the Law of the Sea). Here are some of the key differences between
innocent passage in the territorial sea and the archipelagic waters:
• Scope of application: Innocent passage in the territorial sea applies to all
coastal states, while innocent passage in archipelagic waters applies only to
archipelagic states.
• Definition: Innocent passage in the territorial sea is defined as the right of
foreign ships to navigate through a coastal state's territorial sea in a continuous
and expeditious manner, without engaging in any activities that are prejudicial
to the peace, good order, or security of the coastal state. Innocent passage in
the archipelagic waters is defined similarly, but applies to the waters enclosed
by the archipelagic baselines of an archipelagic state.
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 • Passage rights: In both cases, foreign ships have the right of innocent passage,
but the scope of these rights differs. In the territorial sea, foreign ships have
the right of innocent passage only, which means they are not allowed to carry
out any activities other than those related to navigation and safety. In the
archipelagic waters, foreign ships have the right of innocent passage as well
as the right to overflight and submarine passage.
• Prior notification and authorization: In the territorial sea, foreign ships are not
required to give prior notification or seek authorization before engaging in
innocent passage. However, in the archipelagic waters, the archipelagic state
may require foreign ships to give prior notification or seek authorization
before engaging in innocent passage.
• Regulations: The coastal state may regulate innocent passage in the territorial
sea, including the designation of sea lanes and the imposition of certain
conditions or requirements. In the archipelagic waters, the archipelagic state
may also regulate innocent passage, including the designation of sea lanes and
the requirement of prior notification or authorization. However, the
archipelagic state may not impose any conditions or requirements that are
discriminatory or would constitute a pretext for hampering innocent passage.
These are some of the key differences between innocent passage in the territorial sea
and the archipelagic waters under UNCLOS.

10.What are canals and international straits?

Canals and international straits are two types of waterways that play an important
role in international shipping and navigation.
A canal is an artificial waterway that has been created for navigation, irrigation, or
other purposes. Canals are typically dug or constructed to connect two bodies of
water, often to create a shorter or more direct route for ships. Canals can be found in
many parts of the world, and some of the most famous examples include the Suez
Canal in Egypt, the Panama Canal in Central America, and the Grand Canal in China.
An international strait, on the other hand, is a natural waterway that connects two
bodies of water and serves as a major shipping route between different parts of the
world. International straits are governed by international law, and there are specific
rules and regulations that govern navigation through these waterways. Some
examples of international straits include the Strait of Gibraltar, which connects the
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Atlantic Ocean and the Mediterranean Sea, and the Strait of Hormuz, which connects
the Persian Gulf and the Gulf of Oman.
Both canals and international straits are important for global trade and commerce, as
they provide efficient and cost-effective transportation routes for ships carrying
goods and resources. However, they also present unique challenges and risks,
including security concerns, environmental issues, and potential conflicts between
different countries over control and access to these waterways.

11.How does a canal differ from an international strait?

A canal and an international strait are both types of waterways, but there are some
key differences between them:
• Creation: Canals are man-made waterways that have been dug or constructed
for navigation, irrigation, or other purposes. International straits, on the other
hand, are natural waterways that connect two bodies of water and have been
used for navigation for centuries.
• Location: Canals can be located anywhere, often connecting two water bodies
that are not naturally connected, while international straits are typically
located at strategic points between large bodies of water, connecting different
regions of the world.
• Control: Canals are typically controlled by the country or organization that
constructed them, while international straits are governed by international
law, with specific rules and regulations governing navigation through them.
• Width: Canals are often narrow and designed to accommodate smaller vessels,
while international straits are typically wider and deeper, allowing larger ships
to pass through.
• Purpose: Canals are primarily used for transportation, while international
straits serve as important strategic waterways for commerce, defense, and
geopolitical purposes.
• Legal status: Canals are subject to the laws of the country or organization that
controls them, while international straits are subject to international law, with
rules and regulations set by international agreements.
In summary, canals and international straits are both important waterways, but they
differ in terms of their creation, location, control, width, purpose, and legal status.

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 12.What is legal status of international canals and straits?
International canals and straits have a special legal status under international law.
They are considered to be international waterways, which means that they are
subject to special rules and regulations that govern their use and management.
Under the United Nations Convention on the Law of the Sea (UNCLOS), which is
the primary international treaty governing maritime law, international straits are
defined as narrow waterways that connect two bodies of water and are used for
international navigation between the high seas or exclusive economic zones (EEZs)
of two or more countries. The treaty recognizes the right of all ships and aircraft to
transit international straits, subject to certain conditions, such as respecting the
sovereignty and security of the coastal states and complying with rules and
regulations regarding safety, pollution, and other matters.
International canals, such as the Panama Canal and the Suez Canal, are also subject
to international law and regulations. They are managed by an international
organization, such as the Panama Canal Authority or the Suez Canal Authority,
which is responsible for ensuring safe and efficient transit through the canal. The
rules and regulations governing the use of international canals are generally set by
international agreements and treaties, and are enforced by the countries that control
the canal.
Overall, the legal status of international canals and straits is designed to promote
safe and efficient international navigation while also respecting the rights and
interests of the coastal states. It is a delicate balance that requires careful
management and cooperation between countries and international organizations.