Dear colleagues,
Having followed the recent discussion on Elizabeth and Middleton Reefs I
have some further observations.
First, the CLCS is not competent to express itself on the validity of those
reefs as relevant basepoints for establishing the EEZ of Australia. What is
more, as far as I can see, it was not necessary for the Commission to deal
with that point. All of the outer limit line of Australia to the north of
Elizabeth and Middleton Reefs is also within 350M of Lord Howe and Norfolk
Islands, features which certainly have an EEZ and continental shelf (this
assumes that those two islands also have a natural prolongation beyond 200M,
which I suspect is indeed the case).
The status of Elizabeth and Middleton Reefs is relevant in other respects.
They do indeed make a difference as far as the outer limit of the EEZ of
Australia is concerned. They also make a difference for defining the area of
application of article 82 as far as Australia is concerned. Both issues in
respect of which the CLCS has no role to play. It would be interesting to
know what practice exists in respect of Elizabeth and Middleton Reefs. E.g.
have there been any protest by States against using Elizabeth and Middleton
Reefs as basepoints to define the 200M limit of Australia? No State has
communicated that view to the Commission following the circulation of the
Executive summary of the Australian submission as far as I am aware.
Best regards,
Alex Oude Elferink
_______________________________________________
Alex G. Oude Elferink
Netherlands Institute for the Law of the Sea (NILOS)
School of Law
Utrecht University
Achter Sint Pieter 200
3512 HT Utrecht
The Netherlands
tel: .. 31 (0)30 2537033
fax: .. 31 (0)30 2537073
email: [log in to unmask]
_______________________________________________
-----Oorspronkelijk bericht-----
Van: International boundaries discussion list
[mailto:[log in to unmask]] Namens Paul Ure
Verzonden: dinsdag 10 juni 2008 10:27
Aan: [log in to unmask]
Onderwerp: [INT-BOUNDARIES] Reef vs Island
Dear Colleagues
Further to previous discussion both on and off list on these mid ocean
features, Middleton and Elizabeth reefs must surely rank alongside Rockall,
the Spratleys, Okinotorishima and others when studies are conducted on the
impact and influence of low lying elevations in generating full and extended
EEZ's.
After viewing each of them at the referenced URL's consider the question:
'What does make an island?' or more particularily 'What makes these
islands?'
http://www.oceandots.com/pacific/elizmid/elizabeth.htm
http://www.oceandots.com/pacific/elizmid/middleton2.htm
Regards
Paul Ure
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