In recent years, following the continuous expansion of territorial disputes by Mainland China in the South China Sea, the Philippines finally submitted the dispute to the International Court of Arbitration in The Hague in 2013 after the Scarborough Shoal incident in 2012. Their goal was to prove that Taiping Island is a “rock,” thereby significantly restricting the rights of the Republic of China (R.O.C.) and the People’s Republic of China to claim a 200-nautical-mile Exclusive Economic Zone (EEZ) around the islands.
I believe many people are unclear about the actual difference between an “island” and a “rock.”
Today, let’s take a simple look at the definitions of “island” and “rock” as set forth in the United Nations Convention on the Law of the Sea (UNCLOS).
Definition of an Island in UNCLOS
According to Article 121 of UNCLOS, an island is a naturally formed area of land, surrounded by water, which is above water at high tide. The territorial sea, the contiguous zone, the exclusive economic zone, and the continental shelf of an island are determined in accordance with the provisions applicable to other land territory.
Definition of a Rock in UNCLOS
According to the interpretation of the Regime of Islands in Article 121 of UNCLOS, rocks which cannot sustain human habitation or economic life of their own shall have no exclusive economic zone or continental shelf. This means that while a rock is also a naturally formed area of land surrounded by water and above sea level at high tide, it differs from an island in that an island is capable of sustaining human habitation and economic life.
Furthermore, based on the distinction between islands and rocks mentioned above, the opposite interpretation constitutes the requirements for a “low-tide elevation.” A low-tide elevation is a naturally formed area of land surrounded by and above water at low tide but submerged at high tide. Since it is below the water level at high tide, it naturally cannot sustain human habitation or economic life and does not possess the characteristics of land territory. Consequently, it does not have the maritime regulations (such as a territorial sea) that land possesses.
In other words, if a piece of land is submerged by the ocean at high tide, it does not meet the requirements of an island. With climate warming becoming increasingly severe, sea levels are expected to rise. If we do not actively raise the height of these islands, perhaps one day all the islands in the South China Sea will be submerged.