ABSTRACT
The appearance of new islands emerging from the seabed is now not as great a rarity as it might seem on the surface. At present, even people without specialist knowledge of geophysics and seismology are already noticing a significant increase in seismic activity, to an extent not previously observed. Only a few years ago, the accumulation of such phenomena was explained by a peculiar error of perspective (i.e. larger-scale research and easy flow of information – which allowed information about seismic events to be obtained even in remote, uninhabited parts of the world). Today, it is notorious knowledge that global seismic activity is increasing. What remains to be speculated upon, however, is to determine the nature (probably cyclical) and possible cause of such events. Undoubtedly, tectonic and above all volcanic phenomena occurring on the seabed lead to the uplift of areas above the water level at high tide. From the point of view of the law of the sea, a new island is then created, which is subject to the territorial regime of this iuris gentium area. The emergence of a new island may change the existing arrangement of maritime areas. Theoretically, it is possible to envisage three possibilities relating to the emergence of new islands emerging from the sea, resulting in different legal qualifications. Firstly, an island may emerge in the sea under the full sovereignty of a state. The second case is the emergence of an island in the high seas. However, the third case, where an island emerges in maritime areas covered by limited sovereign rights, appears to be the most problematic. These cases are addressed respectively in the text. In addition, the final considerations are devoted to the state’s actions of appropriation of the new island. It is legitimate to ask to what extent unilateral actions by non-state representatives acting as agents without authority (falsus procurator) can be considered an effective extension of territorial jurisdiction. Obviously, this may apply to the only islands that can be considered res nullius in light of the qualification made.
