An “artificial island” or “offshore installation,” or “installation (offshore),” as used in UNCLOS means a human-made edifice in the territorial sea, in the EEZ, on the continental shelf, in archipelagic waters, or in ocean space governed by UNCLOS, which is usually employed to explore for or exploit marine resources. Artificial islands, offshore installations or installations (off-shore) may also be built for other purposes, such as marine scientific research, tide observations, resorts or residences, air terminals, transportation centers, traffic control, etc.Artificial islands or other offshore installations as here defined are subject to all other jurisdictional and other limitations and requirements in UNCLOS, e.g., that artificial islands or offshore installations can possess neither territorial sea nor be considered as permanent harbor works and that coastal States are responsible under UNCLOS for environmental protections required for artificial islands. CommentIn LOAC-governed situations under the “other rules of international law” clauses in UNCLOS, a different definition may apply. The same may be the situation if the UN Charter supersedes UNCLOS or if jus cogens norms apply. The Consolidated Glossary does not offer a separate definition for “artificial island;” in ¶ 47, following Former Glossary ¶ 41, it defines “installation (off-shore):” “Man-made structure in the territorial sea, the exclusive economic zone or on the continental shelf usually for the exploration or exploitation of marine resources. They may also be built for other purposes such as marine scientific research, tide observations, etc.” The Committee definition substitutes “humanmade” for “man-made” for gender neutralization, and “edifice” for “structure,” which is used in UNCLOS Articles 1(1)(5), 56(1)(b)(1), 60(4)-60(8), 180, 208(1), 209(2), 214 and 246(5)(c). UNCLOS Article 11 says that offshore installations or artificial islands are not considered permanent harbor works and may not be used as part of the baseline to measure the territorial sea's breadth.Articles 7(4) and 47(4) say that low-tide elevations having lighthouses or similar installations may be used as basepoints for otherwise straight baselines or archipelagic baselines. A coastal State has jurisdiction over artificial islands, installations and structures it erects within its EEZ under Article 56(1)(b)(i). However, artificial islands, installations and structures do not have the status of islands. They have no territorial sea; their presence does not affect the territorial sea, the EEZ or the continental shelf, according to Article 60(8). Article 60 also lays down rules for notice of construction or removal of artificial islands; permanent means of warning of their presence must be maintained. Safety zones, not over 500 meters, may be established. Abandoned or disused installations must be removed under generally accepted international standards. UNCLOS Articles 208(1) (standards for regulating pollution from seabed activities subject to national jurisdiction) and 246(5) (c) (standards for withholding consent for other States' MSR) incorporate Article 60 standards by reference. Article 60 rules apply to artificial islands erected on the continental shelf, according to Article 80; under Article 79(4), a State declaring a continental shelf may lay pipelines or cables to be used in connecting artificial islands, installations or structures under its jurisdiction. Subject to rules governing the…
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