The South China Sea Award, Artificial Islands and Territory

Although artificial island building is a centuries-old practice, international law has remained relatively silent on the status of artificial islands. While much remains unsettled, two things are clear from the United Nations Convention on the Law of the Sea ('UNCLOS'): artificial islands cannot generate a territorial sea of their own; and cannot satisfy the 'naturally formed' requirement to be a 'true' island in the sense of art 121. Apart from these two strictures, there is little legal guidance to be found in 'UNCLOS'. In the context of this near-vacuum, the 'UNCLOS' Arbitral Tribunal in the matter of the 'South China Sea Arbitration' was asked to adjudicate on some of China's island building activities in the South China Sea.