Proposed Inhabited Artificial Islands in International Water
Envoi de ms le 06 Septembre 2003 22:09:49:
Proposed Inhabited Artificial Islands in International Waters
1. Introduction
The opportunities and benefits that could be obtained from exploiting the vast mineral resources of international waters have already been recognized by United Nations Conference on the Law of the Sea, with the creation of the International Seabed Authority and the formation of several commercial groups for obtaining raw materials from the seabed. Temperature differentials, nitrogen rich deep sea levels and vast. A "free space" could also be used to produce energy, food and provide a housing platform for earth's geometrically growing human population. However, the means of tapping these resources may require a novel way of social and financial control of the extraction method and also in how these resources are processed and consumed.
In this thesis I will fabricate a situation in which a hypothetical law firm, specializing in cases related to international law, is approached by an organization that wishes to construct an artificial island in international waters. The success of their project depends on the ability to use the raw materials of the sea unhindered, and, more fundamentally, on the creation of new type of society free from the ties of any traditionally recognized entity in international law. They have asked the law firm to research the basis, for first, determining the legality of constructing artificial islands in international waters and use of resources in international waters, and second, to provide an overview of the policies on self determination and to review the possibility of international recognition of their new community.
The problem is to determine which principles of international law and policy apply to the proposed project, which cases of state practice have relevance and what would they predict for the project, and finally, to offer a reasonable legal summary of what possibilities exist for a group of people from various states, building an artificial island in international waters and using the resources of such, within the confines of a new, independent Astate@.
To answer this question the methodology I will employ is to review the relevant legal materials derived from United Nations resolutions and academic discussions of the principles on international law and bring in some recent examples of state practice and discussions of related cases in three main categories; international resources, the law of the sea, and self-determination and international recognition. Finally, I will analyze the proposed project in terms of these arguments and give an interpretation of the literature as it relates to the project.
The first part of the thesis is an outline of the project including the technical aspects, a brief overview of the assumptions of the project and an introduction of a critical points in the analysis of these assumptions.
The second part of the thesis will concentrate on relevant issues of theoretical and practical international law and relate this to the proposed project. Each of these sections will first discuss the theoretical background, including articles of international law and policy and go on to outline some of the current, ongoing academic arguments. Each section will also contain an outline of recent state practice and a discussion of relevant cases. Finally the information obtained in the preceding sections will be used to analyze the proposed project, especially in terms of the project assumptions.
The final section of the thesis will discuss current issues of international recognition and relate this to the possibilities of recognition for the project and outline what alternatives may exist and what types of problems, if any, this may entail for the international community.
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