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The Legal Status of Islands under LOS Convention and Dok-do

  • DONG-A LAW REVIEW
  • 2009, (43), pp.427-448
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Lee, Hwan Gyu 1

1영남대학교

Candidate

ABSTRACT

Paragraph 3 of Article 121 of the United Nations Convention on the Law of the Sea(LOS Convention) limits the legal entitlement of islands to maritime spaces by providing that : ‘Rocks which cannot sustain human habitation or economic life of their own shall have no exclusive economic zone or continental shelf’. but the meaning of ‘rocks’ and the qualifying phrase that they cannot sustain human habitation or economic life of their own is not further defined in the LOS Convention. The inability to precisely define them raises additional questions. The following questions should be considered : What constitutes a ‘rock’ as a form of an island? ; and, what is meant by cannot sustain human habitation or economic life of their own? This paper will keek to give an overview of islands and the capacity of islands to generate maritime zones. Then, this paper suggest what ‘economic life of their own’ and ‘human habitation’ mean. Finally on the basis of discussion above, it is demonstrated that Dok-do is rocks which shall have exclusive economic zone or continental shelf.

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