When is a Rock an Island - Another Unilateral Declaration Defies Norms of International Law

The rocks are called "Okinotori" (translated to English = "island of birds"). The problem is that Japan has declared, unilaterally, that Okinotori (a) is an island(s): and therefore, (b) is entitled to its own exclusive economic zone. A "rock" is not defined except as to say that if it "cannot sustain human habitation or economic life of own," it is not entitled to a continental shelf or exclusive economic zone. In other words, your author believes that while the creation of an exclusive economic zone is to assist coastal States and mid-ocean archipelagic States in having a fishing zone for their peoples, the only legitimate purpose for establishing an exclusive economic zone around a rock (assuming that one could do so in international law-which it cannot currently) is to preserve marine resources for the "common heritage of mankind."

Keywords: law of the sea, international law

JEL Classification: K33

Suggested Citation: Suggested Citation

Diaz, Leticia M. and Dubner, Barry and Parent, Jason, When is a Rock an Island - Another Unilateral Declaration Defies Norms of International Law (2007). Michigan State University College of Law Journal of International Law, Vol. 15, No. 3, 2007, Available at SSRN: https://ssrn.com/abstract=2164961