Settlement of Disputes concerning Insular Territories in the Framework of the International Court of Justice

Abstract

Disputes concerning insular territories (rocks, isles, islands, etc.) are spread throughout the world: Spratly Islands, Hanish Islands, Falkland Islands.
Some of the disputes have a long history and still cannot be settled due to different reasons: economic privileges such as access to mineral and biological resources; strategic advantages; and political calculations, such as national pride.
Some of the advantages of insular territories are encompassed in the definition of an island which is included in both 1958 Convention on Territorial Sea and Contiguous Zone and in 1982 UN Convention on the Law of the Sea.
It is also important to look at the mode of acquisition of territories which can be divided into two categories: by peaceful means (discovery, effective occupation, cession) and by use of force. The international community had banned the latter and this fact is stated in many international treaties.
Methods which are applicable to the dispute resolution concerning insular territories as well as other issues can be divided into two groups: negotiations and application to the services of a third party. To the latter group belongs the International Court of Justice, which had been active in the sphere of dispute resolution concerning islands. It delivered judgments in 8 cases concerning sovereignty over islands and also in several cases where islands were important part of the case. Three more cases concerning islands are in the docket of the Court.
In the conclusion it is essential to mark the importance of the international law for the international community. The role of the International Court of Justice is vital for the further development and proper implementation of the international law. Support for it and its activities had been expressed in the UN Declaration of the Millennium. Russian President has also expressed his support for the Court. This can be confirmed by the fact that in March 2007 there was adopted the law endorsing jurisdiction of the Court.