ABSTRACT
This chapter comes to three conclusions to answer the three unaddressed issues concerning the status low-tide elevations. First, in the determination of the natural status of low-tide elevations, state practice and international case law reveals that there is no uniform rule on the choice of tidal datum, the key criteria for the determination of the status of low-tide elevations. Second, concerning the crucial issue of the territoriality of low-tide elevations, from both international case law and theoretical point of view, it can be concluded that low-tide elevations, no matter where they situate, cannot be subjected to appropriation as territory. Third, concerning the impact of the rise of sea level on the status of low-tide elevations, it can be summarised from the judgment of the International Court of Justice (ICJ) and scholar's opinion that low-tide elevations could be downgraded to submerged features if they are no longer above water at low tide due to the significant rise of sea level.
