Who Really Owns the South China Sea? The Legal Battle Over Artificial Islands

The South China Sea, being one of the most important maritime regions with resources and trading routes, has become one of the world's most disputed regions in the contemporary world. Central to the conflict are artificial islands constructed by states, particularly China, to declare sovereignty and expand maritime zones. However, do these artificial islands have any legal basis that can be recognized under international law? Can UNCLOS shed light on this issue, or does it fail to address artificial manipulations of nature adequately? This paper thus seeks to analyze the legal nature of artificial islands to determine the validity of territorial claims, international courts' reactions, and impacts on regional stability. Is this a prima facie case of a legal vacuum where some states can indulge in acts of aggression, or are we seeing a new law emerging in international maritime law? The results of this article highlight the complex intersection of technology, international law, and geopolitics, particularly in the South China Sea. It shows how, while legally unrecognized under UNCLOS, artificial islands still play a significant role in sovereignty claims and regional stability. The article also stresses the urgent need for legal reforms to adapt to technological advancements. It suggests practical solutions like multinational monitoring and environmental compensation mechanisms to address the growing tension in the region.

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Publication Details

Journal
Journal of Asian Development Studies
Published
2024-12-30
DOI
https://doi.org/10.62345/jads.2024.13.4.95
Citations
1
Primary Topic
International Maritime Law Issues
Type
article
Field-Weighted Citation Impact
0.71
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article

Who Really Owns the South China Sea? The Legal Battle Over Artificial Islands

Bushra Zeb Khan
1 citations
Journal of Asian Development Studies
International Maritime Law Issues
0.71
article

Who Really Owns the South China Sea? The Legal Battle Over Artificial Islands

Bushra Zeb Khan
article en
1 citations

Abstract

The South China Sea, being one of the most important maritime regions with resources and trading routes, has become one of the world's most disputed regions in the contemporary world. Central to the conflict are artificial islands constructed by states, particularly China, to declare sovereignty and expand maritime zones. However, do these artificial islands have any legal basis that can be recognized under international law? Can UNCLOS shed light on this issue, or does it fail to address artificial manipulations of nature adequately? This paper thus seeks to analyze the legal nature of artificial islands to determine the validity of territorial claims, international courts' reactions, and impacts on regional stability. Is this a prima facie case of a legal vacuum where some states can indulge in acts of aggression, or are we seeing a new law emerging in international maritime law? The results of this article highlight the complex intersection of technology, international law, and geopolitics, particularly in the South China Sea. It shows how, while legally unrecognized under UNCLOS, artificial islands still play a significant role in sovereignty claims and regional stability. The article also stresses the urgent need for legal reforms to adapt to technological advancements. It suggests practical solutions like multinational monitoring and environmental compensation mechanisms to address the growing tension in the region.

Journal of Asian Development StudiesVol. 13(4)
University of Malakand (PK)
Openalex Percentile: Top 18%
International Maritime Law Issues
0.71
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