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Dependent Archipelagos in the Law of the Sea:

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ISBN-10: 9004194940

ISBN-13: 9789004194946

Edition: 2013

Authors: Sophia Kopela

List price: $182.00
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Book details

List price: $182.00
Copyright year: 2013
Publisher: Brill Academic Pub
Binding: Cloth Text 
Pages: 318
Size: 6.50" wide x 9.75" long x 0.75" tall
Weight: 1.430
Language: English

Preface and Acknowledgements
List of Abbreviations
List of Figures
Introduction
Archipelagos, the Archipelagic Concept and the Law of the Sea Convention
Dependent Coastal and Outlying Archipelagos: Definitional Aspects
The Scope and Structure of the Book
The Development of the Archipelagic Concept in International Law of the Sea: From Straight Baselines to the Archipelagic Regime of the Law of the Sea Convention
Proposals and Evolution of the Archipelagic Concept Prior to the Third UN Conference on the Law of the Sea
Early Proposals Regarding the Treatment of Archipelagos in International Law
The Impact of the Fisheries Case upon the Evolution of the Archipelagic Concept
Proposals and Discussions on Archipelagos in the Aftermath of the Fisheries Case
Straight Baselines and Outlying and Coastal Archipelagos in the Discussions of the ILC
Straight Baselines and Archipelagos during UNCLOS I
The Regime of Enclosed Waters in the Discussions of the ILC ad UNCLOS I
Special Treatment of Archipelagos on the Basis of Historic Reasons in UNCLOS II
Factors impeding the Acceptance of a Special Regime for Outlying Archipelagos: An Interplay of Geographic and Political Considerations
Archipelagos and the Third UN Conference on the Law of the Sea
Political Developments Influencing UNCLOS III
Outlying Archipelagos and the Archipelagic Regime Adopted in UNCLOS III
Distinction on the Basis of the Political Status of Archipelagos
Conditions for the Application of the Archipelagic Regime: Archipelagic Definition vs. Quantitative Requirements
The Archipelagic Regime: A Regime to Satisfy Conflicting Interests
Concluding Remarks: The Application of the Archipelagic Concept in the LOSC: Gains and Losses
The Application of Straight Baselines on the Basis of Article <sub>7</sub> LOSC and State Practice: Implications for Coastal Archipelagos
Introduction
Article <sub>7</sub> LOSC and Application of Straight Baselines in Localities where there is a 'Fringe of Islands along the Coast in Its Immediate Vicinity
Rationale and Objectives for the Application of Straight Baselines to 'Fringes of Islands'
Conditions for the Application of Article <sub>7</sub> to 'Fringes of Islands along the Coast in Its Immediate Vicinity'
'Fringe of Islands'
Background
Islands vs Article <sub>121 (3)</sub> LOSC Rocks
Number of Islands
Compactness of the Group: Distances between the Islands
The Relationship between the Coast and the Fringe of Islands: 'Along the Coast in Its Immediate Vicinity'
Conditions Regarding the Application of the Straight Baselines System per se
Article <sub>7 (2-5)</sub> LOSC
Maximum Length of Straight Baselines
Some Guidance from International Courts and Tribunals
Coastal Archipelagos and Article <sub>7</sub> LOSC
'Fringe of Islands' vs Coastal Archipelagos
Coast and Coastal Archipelagos
The Provision, the Most (mis)used? Reflections on State Practice with an Emphasis on Coastal Archipelagos
Using Straight Baselines in the Case of a Few Off-Lying Islands: From Rationalisation Technique to Expansion of Coastal Jurisdiction
Using Straight Baselines in the Case of Coastal Archipelagos: Protection of Vulnerable Maritime Areas
Chile - Chilean Archipelago
Finland - Aaland Archipelago
United Kingdom - Outer Hebrides
Guinea-Bissau - Bijagos (Bissagos) Archipelago
Canada - Canadian Arctic Archipelago
Myanmar - Mergui Archipelago
Thailand - Ko Samui Archipelago
Italy - Tuscany Archipelago
Honduras - Islas de La Bahia (Bay Islands)
Russian Federation
The Contemporary Relevance of Straight Baselines in Coasts Fringed with Islands
Application of Straight Baselines and Impact on Maritime Space
(External) Extension of Coastal State Jurisdiction
(Internal) Extension of Coastal State Jurisdiction: The Status of Enclosed Waters
Interpretation of Article <sub>7</sub> LOSC on the Basis of Subsequent State Practice and the Significance of Precedents
Concluding Remarks: Reconsideration of the Rationale of Article <sub>7</sub> and Coastal Archipelagos
Dependent Outlying Archipelagos: Straight Baselines, the LOSC and State Practice
Introduction
Potential Application of Straight Baselines on the Basis of the law of the Sea Convention to Dependent Outlying Archipelagos
Article <sub>7</sub> of the LOSC: 'Fringes of Islands' and Outlying Archipelagos
Conditions for the Identification of Groups of Islands Qualifying for the Application of Straight Baselines (Article <sub>7</sub> Paragraph <sub>1</sub> of the LOSC)
The Relevance of the Size of the Islands of the Group
The Relationship between the Coast of the Main Island and the Rest of the Islands of the Group: Fringe and Masking Criterion
Conditions Regarding the Application of the Straight Baselines Systems per se
Article <sub>10</sub> of the LOSC: Islands Forming Juridical Bays
Practice of States in Outlying Archipelagos
The Practice of Continental States Applying a Special System for the Measurement of the Maritime Zones of Their Outlying Archipelagos
Archipelagos Dominated by One or Two Large Islands
Kerguelen Islands - France
Svalbard Archipelago - Norway
Sjaelland and -Laes� Islands - Denmark
Furneaux Group - Australia
Falkland Islands - United Kingdom
Guadeloupe - France
Archipelagos with Similarly Sized Islands or Islands Located in a Random Way
Galapagos Islands - Ecuador
Faroe Islands - Denmark
Houtman Abrolhos Islands - Australia
Canary Islands - Spain
Balearic Islands - Spain
Azores and Madeira Islands - Portugal
Turks and Caicos Islands - United Kingdom
Loyalty Islands (New Caledonia) - France
Kong Karls Land (Svalbard) - Norway
Dahlak Archipelago - Eritrea
Sudan
Co Co Islands and Preparis Islands - Myanmar
Andaman and Nicobar Islands - Lakshadweep Islands - India
Paracel Islands - China
Iran, Syria and United Arab Emirates
Practice of Continental States Applying the Low-Water Rule in Their Outlying Archipelagos
Hawaii - USA
Aegean Archipelago - Greece
Concluding Remarks
Law-Creating Value of the Practice of States in Outlying Archipelagos with an Emphasis on Customary International Law
Introduction
The Development of Customary International Law Related to Outlying Archipelagos and the LOSC
The LOSC and Customary International Law: Interrelations and Interactions
The LOSC and Outlying Archipelagos
The Status of Dependent Outlying Archipelagos in General Customary International Law
State Practice - The Material Element
Assessment of State Practice
Elements of State Practice Essential for the Formation of Customary Law
Duration
Consistency, Uniformity and Generality
The Subjective Element
Opinio juris sive necessitatis
Opinio juris and the LOSC
The Reaction of the International Community
Opposition and Protests
Acceptance Inferred from Active Conduct
Significance of Divergent Practice: Does Divergent Practice Manifest Opposition?
Significance of Silence: Does Lack of Protest Manifest Acquiescence?
Concluding Remarks
Dependent Outlying Archipelagos and Customary International Law
The Content of the Emerging Customary Rule of International Law
Conclusion
The Archipelagic Concept and Special Customary and Historic Rights: Three Case Studies
Introduction
Some Introductory Remarks on Special Customary/Historic Rights
The Faroe Islands
The Galapagos Islands
The Canadian Arctic Archipelago
Historic Waters Based on Title Acquired and Transferred to Canada by the Inuit
Historic Waters and the Exercise of Sovereign Authority
Activities Manifesting Sovereign Intention
Canadian Legislation Related to the Arctic Archipelago
Assertion of the Claim via Statements of Canadian Governmental Officials
The Reaction of Other States: Critical Time for the Establishment of the Historic Title and Acquiescence
Weighing Strengths and Weaknesses in an Historical Context
Conclusion
Legitimacy of the Archipelagic Regime and Future Developments
Introduction
Contemporary Relevance of the Archipelagic Regime: Part IV of the LOSC and Dependent Outlying Archipelagos
The Archipelagic Concept and the Element of Statehood
Legal Definition of Archipelagos according to the LOSC
Statehood as a Means of Distinguishing Archipelagos
Self-Governing and Non-Self-Governing Archipelagic Territories as 'Quasi' Archipelagic States
Reasons for the Application of the Archipelagic Regime in Terms of Needs and Interests and the Exclusive Economic Zone
Economic Considerations
Protection of the Marine Environment
Issues Related to Internal and External Security
Psychological and Symbolic Reasons
An Answer to the 'Proliferation of Claims' Argument: Is the Archipelagic Regime a Threat to Other States?
Freedom of Navigation and Overflight and Other Uses of Sea Exercised in the High Seas
Rights of Slates Neighbouring an Archipelago
Application of the Archipelagic Regime to Archipelagic Dependencies: Potential and Implications -
Canary Islands
French Polynesia
Conclusion
Conclusion
The Manifestation of the Archipelagic Concept in International Law of the Sea
Straight and Archipelagic Baselines, Accommodation of Conflicting Interests and the Legitimacy of the Archipelagic Concept
Appendix
Bibliography
Index