What is it about?
A State’s entitlement to maritime zones is influenced by whether or not a feature is classified as an island. In the context of the United Nations Convention on the Law of the Sea, the regime of islands is regulated in Article 121. This provision continues to puzzle interpreters due to its vague formulation and open-ended concepts. One method of interpretation which is useful in understanding this regime is textualism. It can be defined as the method of interpretation which focuses solely on the meaning of the text and disregards other considerations. This article, through this lens of textualism, aims to provide novel insights into how Article 121 can be interpreted, thereby contributing to the existing debate.
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Why is it important?
Sources often rely on the meaning of a text to advance their interpretation of Article 121 of the LOSC. However, references to the meaning of the words in their context and to formal logic can be underdeveloped. This article is important because it clarifies the meaning of the text by providing novel insights, drawing from a systematic and a logical-mathematical approach.
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This page is a summary of: The Tantalising Islands: Insights from a Textualist Interpretation of Article 121 of the LOSC, The International Journal of Marine and Coastal Law, November 2023, Brill,
DOI: 10.1163/15718085-bja10149.
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