ABSTRACT

This chapter focuses on some distinct consequences for States where there is a land feature generating maritime zones over which sovereignty is disputed. It concerns the international legal consequences that emerge where there is a State in occupation of an island ("the occupying State") but another State contests sovereignty ("the disputing State"). For example, is it legally permissible for the occupying State to construct facilities on the island or in the waters surrounding that island? The constructions in the adjacent waters might include ports, or other docking facilities or other structures or installations outside the territorial sea for the purposes of research or resource exploration and exploitation. Overall, there is much potential to resolve disputes through United Nations Convention on the Law of the Sea (UNCLOS) dispute settlement even if the relevant coastal and user states are not known because of a territorial dispute.