joshuatree
Captain
UN never approved an EEZ around Okinotori, there was an approval of continental shelf limits using the island/rocks Japan possesses in those waters but that's a separate concept from EEZ.
Article78
Legal status of the superjacent waters and air space and the rights and freedoms of other States
1. The rights of the coastal State over the continental shelf do not affect the legal status of the superjacent waters or of the air space above those waters.
2. The exercise of the rights of the coastal State over the continental shelf must not infringe or result in any unjustifiable interference with navigation and other rights and freedoms of other States as provided for in this Convention.
But should Japan's feverish attempt to protect a tiny patch of rocks with concrete encasement around them qualify for an EEZ, then Itu Aba above all others certainly qualifies. Furthermore, if man-made manipulation to prevent those Japanese rocks from naturally disappearing beneath the waves and no longer providing any rocks is acceptable to UNCLOS, then any of the reefs with any slightest rock outcrops that have now been reclaimed by China should also qualify for their own EEZ. So how the courts want to rule will have ramifications. The more I read up on UNCLOS, the more I see it as a grossly flawed set of rules that actually is causing more conflict than resolution such as the 2009 deadline that forced all claimants to openly declare their claims and cause irritation to others instead of keeping the issue buried till future time allows peaceful resolution. Allowing any state to claim up to 350 nm from any rock as part of a continental shelf is absurd. When it's all said and down, there won't be any international waters left except maybe a puddle here and there.
Article78
Legal status of the superjacent waters and air space and the rights and freedoms of other States
1. The rights of the coastal State over the continental shelf do not affect the legal status of the superjacent waters or of the air space above those waters.
2. The exercise of the rights of the coastal State over the continental shelf must not infringe or result in any unjustifiable interference with navigation and other rights and freedoms of other States as provided for in this Convention.
But should Japan's feverish attempt to protect a tiny patch of rocks with concrete encasement around them qualify for an EEZ, then Itu Aba above all others certainly qualifies. Furthermore, if man-made manipulation to prevent those Japanese rocks from naturally disappearing beneath the waves and no longer providing any rocks is acceptable to UNCLOS, then any of the reefs with any slightest rock outcrops that have now been reclaimed by China should also qualify for their own EEZ. So how the courts want to rule will have ramifications. The more I read up on UNCLOS, the more I see it as a grossly flawed set of rules that actually is causing more conflict than resolution such as the 2009 deadline that forced all claimants to openly declare their claims and cause irritation to others instead of keeping the issue buried till future time allows peaceful resolution. Allowing any state to claim up to 350 nm from any rock as part of a continental shelf is absurd. When it's all said and down, there won't be any international waters left except maybe a puddle here and there.
