Remarks by Joanna Mossop

Abstract

The Tribunal's conclusion that Itu Aba and other features in the South China Sea are rocks that are incapable of generating exclusive economic zones came as a surprise to some scholars and government officials who have never interpreted Article 121(3) of the UN Convention on the Law of the Sea (UNCLOS) in the strict way adopted in this case. In the absence of any previous judicial interpretation of the article, a range of interpretations of Article 121(3) have been seen in the academic literature, and in state practice. Although much of the decision is extremely well argued, I must disagree with the Tribunal's approach to Article 121(3).