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In 1997, Mrs. Fitzpatrick received her doctorate degree. Her thesis deals with problems of artificial islands and installations in public international law. Dr. Cordula Fitzpatrick is presently consultant in the field of legal affairs. |
Tutorial
Legal Issues of Ocean Cities
Paris June 11 1998
The purpose of the tutorial is to give an overview with regard to the law concerning Ocean Cities. The scope is to point out existing rules of international public law, to present gaps and to suggest changes. It should be kept in mind that a review of law can only cover international law because of the varieties and different rules of domestic law systems. It will be taken into consideration that not everybody present may have a legal background. This will be mitigated through the use of practical examples.
The first part of the tutorial deals with definitions. As the term « Ocean Cities » does not entail a term of law, a definition of the terms « artificial islands » and « installations » must be found. A basis will be the United Nations Convention on the Law of the Sea.
The next part examines the rights concerning the construction of artificial islands and installations in the different maritime zones, be they Internal Waters, Territorial Seas, Contiguous Zones, Archipelagic Waters, or Exclusive Economic Zones. Furthermore, the Continental Shelf, the High Seas and the Area, the scabed beyond any national jurisdiction, will have to be examined. Again, the basis of the examination will be the United Nations Convention on the Law of the Sea, as well as the Geneva Conventions on the Law of the Sea. The validity of the results will be determined, as well as their accordance with International Customary Law.
Another topic of discussion is the rights and duties of States constructing artificial islands and installations in the different maritime zones - especially what has to be done when an installation of artificial island is abandoned. Navigational considerations and the uses of such devices must be considered when delimiting the different maritime zones.
There is a brief appendix dealing with the law of the European Union relevant to the issue of artificial islands and installations.
Another part of the tutorial deals with environmental issues. We will examine the rules of the United Nations Convention on the Law of the Sea and their impact on the construction, use, and abandonment of artificial islands and installations. We will give a summary of further International Conventions dealing with this issue.
The final topic of discussion is state liability - again according to International Public Law when environmental damage may be caused by an artificial island or installation.
On June 11, 1998, the Prospective 2100 Working Group dealing with legal issues of Ocean Cities launched its task to examine legal problems caused by Ocean Cities.
The starting point was a tutoriel which summarized the existing Public International Law with regard to artificial islands and installations at sea. The objective was to determine the status quo and to identify gaps and uncertainties in order to entice further development.
In the beginning, a summary was given concerning existing and anticipated projects, which presented the various benefits the lechnology of artificial islands and installations may offer. These could range from lighthouses and similar devices to installations for military purposes, airports oilrigs, offshore harbor facilities, power plants, or whole cities placed upon such devices.
A very interesting project is the conversion of decomissioned oilrigs into launchpads.
There are several sources of Public International Law enacting rules for artificial islands and installations. The main source is the United Nations Convention on the Law of the Sea, in force since 1994.
The first legal issue with regard to artificial islands and installations is the task to find a definition of the terms "artificial Island" and "Installation". When comparing them to other features such as natural islands, low tide elevations, and ships, the following results can be found :
Artificial islands and installations are man-made, surrounded by water from all sides, above water at high tide, supposed to stay at a specific geographical location for a certain span of time, and stationary in their normal mode of operation at sea.
Artificial islands can be distinguished lrom installations, by asking whether the whole artifact can be moved from its location at sea without losing its integrity, If it can be moved, it qualifies as an installation. If it is impossible to move it qualifies as an artificial island.
Further, the right to construct artificial islands and installations in the different maritime zones was examined. Maritime zones are the internal water, the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf, the high seas and the area.
This right is granted only to States. The coastal State may construct artificial islands and installations in its internal waters and territorial sea due to its sovereignty in these waters. This right is restricted in the territorial sea by the foreign ships right of innocent passage.
ln the exclusive economic zone and on the continental shelf, the coastal State is granted the sovereign right to construct artificial islands but is restricted when installations are concerned.
The exclusive right is only granted if the installation serves an economic purpose. In the high seas, the freedom to construct artificial islands and installations is given to all States, whether land-locked or coastal. The deep seabed regime governing the area has to be taken into account.
With regard to further rights and duties of States concerning the construction and use of artificial islands and installations, the State may not use such features to delimit the baseline from which ail maritime zones are measured.
The State may, however, provide for so-called safety zones for artificial islands and installations located outside of territorial waters, as artificial islands and installations are not entitled to a territorial sea or other maritime zones. Those safety zones may not exceed a diameter of 500 meters and in those zones the State has a certain jurisdiction to regulate traffic.
There Is also the abandonment issue. According to the United Nations Law of the Sea Convention, there is a possibility of non or partial removal of installations located in the territorial sea or on the continental shelf l'be International Maritime Organisation has enacted rules concerning the removal of installations.
There is a gap in Public International Law concerning the rule of whether an abandoned artificial island has to be removed.
The United Nations Convention on the Law of the Sea provides a framework concerning the protection of the marine environment. The sinking of abandoned platforms also fails into the scope of dumping.
Dumping is also the deliberate disposal of platforms or other man-made structures at sea. A very interesting example of the placement for other purposes is the artificial reef program in the Gulf of Mexico, where Texas and Louisiana permit the sinking of cleaned decomissioned oilrigs in order to create artificial reefs.
The question of State liability for damages caused by artificial islands and installations was discussed. The United Nations Law of the Sea Convention simply refers to the general rules of international law concerning State liability and responsibility. As artificial islands and installations could be run by private entities, State liability has to be discussed with regard to whether a State can be responsible for acts by its nationals not acting on behalf of the State. If an act is not attributable to a State, the State may only be responsible for its own omissions or breaches of obligations.
