The Regime of Islands Reframed

Book excerpt: In The Regime of Islands Reframed, Clive Schofield examines the definition of islands and other insular features under the international law of the sea. Particular reference is made to the arbitration case between China and the Philippines concerning the South China Sea which, as the first detailed international judicial examination and interpretation of the Regime of Islands, has reframing understanding of the definition of islands. Reactions to the Award in the South China Sea case are appraised, confirmations and clarifications provided by the Award are highlighted as well as remaining uncertainties and scope for conflicting interpretation. The high standard for fully entitled island status set by the Tribunal in the South China Sea case is underlined as is scope for flexible application of the approach to island definition adopted by the Tribunal. The potential implications of the Award both within and beyond the South China Sea are explored.