Artificial Islands:

An Analysis of the Environmental Consequences

and International Legal Regime

Sara Anderson
International Environmental Law
Final Paper
Fall 2010
 I. Introduction

The world’s population is growing persistently. In fact, the World Bank predicts that by

the year 2015, the global population will reach 7.1 billion.1 This figure represents an increase of

approximately one billion individuals over the course of 15 years.2 Without a doubt, this steady

rise will increase the strain on the available natural resources necessary for any given species to

thrive and survive,3 including land. Although habitable continental land may only be able to

support rapidly increasing populations for a finite duration of time, modern technology that

enables humans to build islands in the ocean where they would not otherwise exist may provide

relief. Between the sheer vastness of the oceans and the need to accommodate an overwhelming

number of people, the option is certainly attractive.

The history of such islands date back thousands of years.4 The earliest artificial islands

known were engineered for practical purposes such as protection from flooding and enemy

invasion.5 As early as the 1970s, artificial islands were seen not only as a solution to rapid

population growth, but also as fixtures that would one day be considered ordinary. As this idea

was put at the Conference on Seaward Advancement of Industrial Societies at the National

Academy of Sciences, “[b]arring a radical turn in the course of human events industrial societies

will advance seaward to the point that eventual ocean-sited urban/industrial complexes of some

size may become commonplace.”6 Consistent with the predictions of scholars, such projects are,

in fact, becoming increasingly common. However, manmade islands are now being engineered

1
World Bank Population Growth Rate Highlights,
http://www.worldbank.org/depweb/english/modules/social/pgr/highlights.html (last visited Nov. 30, 2010).
2
Id.
3
Richard M. Sibly & Jim Hone, Population Growth Rate and Its Determinents: An Overview, 357 Philosophical
Transactions: Biological Sciences 1153, 1153-54 (2002).
4
The first recording of artificial islands is by the Romans in 47AD. See generally Marcel J.F. Stive, Artificial
Islands, in Encyclopedia of Coastal Sciences 55-56 (Maurice L. Schwartz ed., Springer 2005).
5
Id at 55.
6
Nikos Papadakis, The International Legal Regime of Artificial Islands 1, (Shigeru Oda ed., Sijthoff International
Publishing Co. 1977).

1
for industrial and commercial purposes, and as time passes, they are being built increasingly

further away from shorelines.7

What exists today is a dichotomy between the current state of technology and human

advancement that enable the creation of manmade islands and the international legal regime that

governs their jurisdiction and construction. Put simply, the relevant laws have not kept in stride

with modernization. Unfortunately, while engineering and architectural expansion into the

oceans are certainly remarkable accomplishments, the price of progress is often paid in

environmental destruction. Recent island projects have proved harmful to the local ecosystems in

which they have been built and long-term consequences, though still largely under speculation,

are almost certain. If construction trends continue as predicted, the detrimental effects could

become widespread and irreversible.

The following sections seek to first identify the types of islands that are being built and

the functions they serve around the world. An overview of two specific projects will explore the

motives behind such immense endeavors and demonstrate the environmental impact that

succeeded the construction of each. Second, to explain the status of current international laws as

they are relevant to artificial islands. Third, to suggest changes to the existing legal regime that

would strengthen the commitment to environmental conservation while simultaneously

promoting sustainable seaward expansion.

II. The Facts

A. Artificial Islands Defined

To qualify as an artificial island, the installations must be “man-made, surrounded by

water from all sides, [and] above the water at high tide.”8 In addition, they must remain

7
Stive, supra note 4, at 55.
8
Bahman Aghai Diba, Legal Regime of the Artificial Islands in the Persian Gulf, 6 Soochow L.J (2009), available
at http://www.payvand.com/news/09/sep/1071.html.

2
stationary in the course of normal operation at sea.9 By meeting these criteria, manmade islands

follow at least a minimum standard of uniformity worldwide. Aside from this, however, the

islands that are springing up on coastlines are distinguishable because they vary in size, shape,

and distance from shore. Beyond this, and most notably, each nation that endeavors to undertake

such an enormous and costly project does so to serve a unique purpose based on that nation’s

individual needs. The follow sections seek to explore the various motives behind seaward

advancement, as well as the associated environmental implications.

B. Motives to Build Islands and the Functions they Serve

The seaward expansion phenomenon has spread worldwide, and this is hardly surprising.

As noted, the engineering capacity and resources are readily available. While there are countless

reasons a nation may opt to pursue this type of endeavor, one scholar has identified six broad

types of artificial islands: sea cities, islands for economic use, transportation and communication,

scientific investigation and weather forecasting, recreation, and military installations.10 Often,

islands retain characteristics of more than one of the above “types” because they are multi-

purpose endeavors. For example, as will be discussed in more detail below, Dubai’s Palm Islands

are sea cities that serve both recreational and economic purposes.

Broadly speaking, there are two main motives for a nation to construct an artificial island:

need and want. In reality, however, the two are often intertwined. For the purpose of this

analysis, two independent projects will be considered: the Kansai International Airport in Japan

and the Palm Islands in the United Arab Emirates (UAE). These are significant for various

reasons. First, because they are both ground-breaking, innovative projects that are setting the

standard for other nations that are following suit. Second, the motives for each project stand at

9
Id.
10
See generally Papadakis, supra note 6, at16-35.

3
opposite ends of the spectrum. The Kansai International Airport falls represents “need” while the

Palm Islands represent “want.” Examining each will touch upon many of the most common

reasons individual nations opt to embark on such costly, large-scale projects. Third, each

presents a variety of environmental concerns. Thus, together the two provide a solid overview of

why and how islands are built, as well as the environmental implications inherent with such

projects.

1. The Kansai International Airport

Japan is a prime example of a country with a large population and few options for

expansion. Although the population growth rate is declining,11 the country still must

accommodate its 127 million people on a mere 145,902 square miles of land.12 In the mid-1980s,

this same dilemma was compounded by economic difficulties in the Kansai region as its cities

were struggling to compete with Tokyo, which handled a majority of the country’s imports and

exports.13 To compete, the region needed an international airport bigger than what was already

available,14 but finding the open land required for such an extensive project in a densely

populated country was next to impossible.15 Prompted by the need to spur the economy, an

absolute lack of space, and a desire to prove the country’s sophistication to the world,16 airport

officials decided to build in Osaka Bay.17

11
The U.S. Department of State reports that the estimated population growth rate in 2010 was -0.191%. See
generally U.S. Department of State Background Notes: Japan, http://www.state.gov/r/pa/ei/bgn/4142.htm (last
visited Nov. 12 2010).
12
Id.
13
Super Structures of the World: Kansai International Airport (Fireworks International television broadcast Apr. 14,
2000).
14
The Osaka airport that already existed was both too small and situated precariously close to a residential area. See
generally Id.
15
Id.
16
James Sterngold, Osaka Journal; Pride and (Ouch!) Price: The $14 Billion Airport, N.Y. Times, Dec. 16, 1993.
17
Super Structures, supra note 14.

4
 While building an airport at sea has certain undeniable benefits, including seemingly

unlimited space and noise reduction for nearby neighborhoods,18 building the Kansai

International Airport posed many problems, as well. The construction site was situated over three

miles from shore where the water reaches a depth of 60 feet.19 The island was to span over two

and one half square miles.20 In these respects, the airport’s plans marked many firsts in the arena

of artificial island construction: the farthest ever built from shore, built in the deepest waters ever

tested, and the largest in size.21 Prior to construction, engineers had never built on the diluvial

clay that lined the ocean floor,22 but predicted that the weight of an island coupled with that of a

massive airport would cause the entire structure to sink into the soft clay.23 Although experts

made various predictions on how far and how fast the project would sink by analyzing samples

of the ocean floor, officials opted to disregard the more cautious calculations in favor of those

that would allow them to save money.24

The building process itself was lengthy and overall successful thanks to the ingenuity of

engineers.25 To strengthen the clay layers, a five foot layer of sand was spread over the

construction site and one million columns of sand were drilled into the layers of clay.26 Next, a

wall of stones and concrete blocks were constructed around the area.27 Finally, workers

excavated three entire mountains to fill the area until it rose above sea level, creating the “land”

18
Id.
19
Id.
20
Id.
21
Id.
22
At the chosen site, there were two layers of ocean bottom clay. The first layer was the alluvial clay layer, which
did not worry engineers because they had previously built structures on this type of sea bed before. However, below
the alluvial layer was the dilluvial clay layer. These conditions were entirely new and nobody could predict with any
certainty when construction began how the structure would work sitting on top of these two types of clay. See
generally Id.
23
Id.
24
Id.
25
Id.
26
Id.
27
Id.

5
on which to construct the airport.28 Before the airport itself was built, however, officials realized

that the island had already sunk more than had been allowed for under the predictions they opted

to follow.29 After adding extra layers of earth to the top of the already-sinking island, the

terminal was designed in a manner that would prevent it from cracking as the island continued to

sink.30

To this day, the island, though an overall success, is still sinking. This trend is expected

to continue for the next 30-50 years.31 Engineers have been able to overcome this problem for the

time being, but it has cost the company far more money than anyone originally anticipated.

Unfortunately, there is no certainty that these measures will continue to be successful for an

extended duration of time. Beyond this, the island still runs the risk of being destroyed by the

weather or natural disasters. Earthquakes and typhoons are both common occurrence in Japan,

and either could cause the liquefaction of the earth that was piled into the holding walls.32

Regardless, the airport and island have thus far endured the test of time for 15 years. A second

runway was recently built to ensure it remains competitive in Asian air transportation.33

2. The Palm Islands

In contrast to the earlier-built Kansai International Airport, the push to build the Palm

Islands in the United Arab Emirates was not driven by an absolute need to develop outward into

the sea, but it was similarly driven by an economic component. The UAE is a federation of seven

28
Id.
29
The island was built based on predictions that it would sink 19 feet total. Before the airport terminal construction
even began, the island had sunk 27 feet. Id.
30
This was accomplished by including a ballast of 250,000 tons of iron ore to ensure that the terminal will sink at
the same rate as the island. Id.
31
Stive, supra note 4, at 56.
32
Super Structures, supra note 14.
33
Editorial, Kansai Airport Faces Competition, Japan Times, Aug. 10, 2007.

6
states that was formed in 197134 and is situated along the Persian Gulf.35 The discovery of oil in

the 1960s allowed the country’s economy to flourish,36 but authorities have made efforts to

reduce the dependence on oil revenues by promoting the business, tourism, and construction

industries.37 In particular, tourism began to thrive. For example, in Dubai, the UAE’s main

commercial center, the tourism sector accounts for 22% of the city’s gross domestic product38

and had a goal of attracting 10 million tourists per year by 2010.39 However, because the entire

coastline had already been filled by hotels, the Palm Islands were proposed as a solution that

would meet daunting tourism goals by maximizing the amount of beachfront property

available.40

“The Palm Islands” is the collective name for three separate palm-shaped artificial

archipelago projects -- Palm Jumeirah, Palm Jebel Ali, and Palm Deira – that were built in the

Persian Gulf.41 All three islands were built with using the same engineering and construction

process,42 but each island constructed was bigger and more elaborate than its predecessor.43

Financing for such grandiose projects was obtained independent of banks. Described as “one of

history’s weirdest real estate pitches,” Dubai hosted the Arabian Travel Market trade show,

where people could purchase a portion of real estate on the soon-to-exist islands.44 Three-

34
United Arab Emirates Country Profile, http://news.bbc.co.uk/2/hi/middle_east/country_profiles/737620.stm (last
visited Oct. 26, 2010).
35
United Arab Emirates, http://www.worldatlas.com/webimage/countrys/asia/ae.htm (last visited Oct. 26, 2010).
36
Central Intelligence Agency, The World Fact Book: United Arab Emirates (2010), available at
https://www.cia.gov/library/publications/the-world-factbook/geos/ae.html.
37
United Arab Emirates Country Profile, supra note 33.
38
USA Today Dubai Overview, www.usatoday.com/marketplace/ibi/dubai.htm (last visited Nov. 12, 2010).
39
Id.
40
Id.
41
The Impact of the Palm Islands: Construction of the Islands,
http://sites.google.com/site/palmislandsimpact/general-information/construction-of-the-islands (last visited Nov. 12,
2010).
42
Id.
43
Bayinnah Salahuddin, The Marine Environmental Impacts of Artificial Island Construction: Dubai, UAE 7 (2006)
(unpublished Masters of Environ. Mgmt., Duke University) (on file with Duke University Libraries).
44
Jim Krane, City of Gold: Dubai and the Dream of Capitalism 154 (St. Martin’s Press 2009).

7
quarters of the buyers were foreigners.45 Construction on Palm Jumeirah, the first of the islands,

began soon after in 2001.

The first task involved in creating the island was building the breakwater out of rocks to

protect the project from strong currents and winds.46 As built, it can withstand waves over 15 feet

and offers protection against rising sea levels.47 Once the crescent-shaped barrier was in place,

work began on the palm tree-shaped island began. This was done by configuring seven million

tons of rocks brought from quarries around the country and sand dredged from the Arabian Gulf

into the proper shape until they rose above sea level.48 To stabilize the sand and rocks, the

materials were compacted using a process known as vibro-compaction, in which the sand is

saturated with high-pressure water and air, and then vibrations were sent through it.49 This made

the structure sturdy enough to withstand the weight of the buildings to be constructed on top and

to withstand powerful earthquakes, rare as they may be in the area.50

A similar process was used to build the second two of the Palm Islands. Palm Jebel Ali,

however, was built on top of Dubai’s only protected marine area, where a coral reef once

thrived.51 Palm Deira, on the other hand, was only halfway through completion before the project

came to an abrupt stop due to financial troubles.52 Despite these setbacks, more similar projects

appear to be on the horizon for Dubai and other countries in the area. For instance, Nakheel

Properties, the developers behind the Palm Islands, already has plans for other islands in the

Persian Gulf that are expected to be as far as 12 miles from the shore and, if they pan out, will

45
Salahuddin, supra note 42.
46
The Palm Jumeira, http://www.designbuild-network.com/projects/palm-jumeirah/ (last visited Nov. 28, 2010).
47
Salahuddin, supra note 42, at 38.
48
Id.
49
Construction of the Islands, supra note 40.
50
Salahuddin, supra note 42, at 39.
51
Krane, supra note 43, at 157.
52
Id at 158.

8
double Dubai’s land mass and population.53 Similarly, Qatar, not to be outdone, embarked on a

similar endeavor when it began constructing The Pearl, a luxurious residential island that began

accommodating residents in 2009.54

C. Environmental Impact of Artificial Islands

Coastal areas,55 which have been explored and utilized by human beings for thousands of

years in a variety of ways, are home to an abundance of ecological resources, including

planktons, algae, and nutritional salts.56 The construction of artificial islands near shorelines has

a measurable effect on these organisms. After all, these resources are the backbone of regional

ecosystems: they serve as food for organisms higher on the food chain, act as water purifiers, and

prevent wave and sand drift.57 When damaged or destroyed, the area takes a significant amount

of time to return to its original form.58 This is why an increase in large-scale coastal projects,

such as manmade islands, could have a disastrous effect on the world’s oceans. An overview of

the subsequent environmental issues that arose from two projects discussed above provides

insight to the potential hazards that could become widespread if the construction of islands

continues.59

53
Id. at 159.
54
The Pearl Qatar: Quick Facts, http://www.thepearlqatar.com/SubTemplate1.aspx?ID=165&MID=115 (last visited
Oct. 12, 2010).
55
Defined by the U.S. Commission on Marine Science as “the part of the land affected by its proximity to the sea,
and that part of the sea affected by its proximity to the land as the extent to which man’s land-based activities have a
measurable influence on water chemistry and marine ecology.” Hwung-Hweng Hwung, Utilization of the Coastal
Area, in Handbook of Coastal and Ocean Engineering 953 (Young C. Kim ed., World Scientific Publishing Co.
2010).
56
Id.
57
Id. at 953-54.
58
Id. at 958.
59
For the purposes of this analysis, certain environmental impacts will not be considered, including air and water
pollution. Additionally, it should be noted that any change, even seemingly small ones, can throw an ecosystem off
balance. This means that with both projects, simply constructing the islands alone – dredging and adding sand that is
not native to the environment – was capable of damaging the ecosystem. Exclusion from the analysis does not imply
that they are insignificant impacts, but rather that they are the obvious side-effects of offshore construction. The
analysis will focus on damages that are less often focused on.

9
 1. The Aftermath of the Kansai International Airport

Prior to the construction of the Kansai International Airport, the prepared environmental

assessment report identified a handful of possible adverse effects on Osaka Bay, including noise,

air, and water pollution, seabed quality, seascape, radio wave interference, and marine animal

and bird habitation.60 The predicted impact of the island and airport complied with Japan’s

environmental protection regulations in 1985, allowing the company to go forth with its building

plans.61 Despite compliance with existing laws, the airport was not built without moderate

amounts of damage to its surrounding environment.

Aside from the aforementioned devastation of plankton and other organisms that support

the regional ecosystem inherent in any coastal development project, the impact on fisheries and

seaweed beds drew attention. Even prior to construction, officials knew that construction would

disrupt Osaka Bay’s fishing industry.62 Altering the conditions of the water would change the

migration patterns of fish living in the Bay, patterns the local fishermen knew well and depended

on.63 The Kansai International Airport Company negotiated with fishermen and agreed to pay

them exorbitant amounts of money to compensate for the loss of fisheries.64 This gave the

fishermen assurance that they would still be able to sustain themselves and the company could

proceed without worrying about strikes impeding progress.65

Similarly, seaweed beds in the area also deteriorated due to the construction of the island.

These beds play various important roles in the environment, including providing food and shelter

to commercially important fish and birds, absorbing carbon dioxide and discharging oxygen, and

60
Susumu Maeda, Construction of an Artificial Island to Accommodate the Kansai International Airport, in Coastal
Ocean Space Utilization 194 (Susan D. Halsey & Robert B. Abel eds., Elsevier Science Publishing Co. 1990).
61
Id.
62
Super Structures, supra note 14.
63
Id.
64
Maeda, supra note 58, at 195.
65
Super Structures

10
serving as buffers of coastal water quality.66 Kansai International Airport, and the other similar

islands off the coast of Japan, has contributed to the depletion of the country’s once immense

supply of seaweed beds.67 To compensate for this problem, gentle slopes were built along the

perimeter of the island and adult plants are attached; this allows seaweed to grow and encourages

the restoration of the area’s original habitat.68 Even if this approach is ultimately successful, it

will be a slow, lengthy process.

As seen, in the case of both fisheries and seaweed beds, officials made the effort to

rectify problems they knew they were causing. However, as one scholar points out, neither of

these solutions is perfect because they are not ecological-based.69 Ideally, future efforts should be

focused on the habitat.70 While these problems appear to only affect the regional ecosystem, they

could have more widespread effects that are not yet apparent. Seemingly small human actions

can cause a tremendous impact. After all, deterioration of one link of the food chain will

inevitably have an effect on other levels.

2. The Aftermath of the Palm Islands

While the Palm Islands’ predecessors like the Kansai International Airport may have

escaped mainstream criticism fairly unscathed, the UAE’s projects were widely attacked by

environmentalists. In 2006, the World Wildlife Fund (WWF) announced the “UAE's human

pressure on global ecosystems (its ecological footprint) to be the highest in the world.”71 While

this ranking cannot be solely attributed to the artificial islands,72 they undeniably put a strain on

66
Kazuo Okuda, Coastal Environment and Seaweed-bed Ecology in Japan, 2-1 Kuroshio Sci. 15, 17 (2008).
67
Id.
68
Id. at 18.
69
Id. at 19.
70
Id.
71
The Impact of the Palm Islands: Environmental Impacts,
http://sites.google.com/site/palmislandsimpact/environmental-impacts (last visited Oct. 18, 2010).
72
The UAE ranked first for ecological footprint because energy consumption and carbon emissions are both high.
Even though the UAE is a signatory state to the Kyoto Protocol on Global Warming, it is not required to cut
emissions because it is considered a developing country. See generally Jim Krane, UAE Beats Americans’

11
the environment. As one critic put it, “[t]he profound underwater changes currently taking place

as a result of construction are only matched by the grandiose vision of Nakheel developers.”73

Even within a decade, the short-term consequences of large-scale island construction are already

becoming obvious, while the extent of future problems remain relatively unknown.

Similar to the case of the Kansai International Airport, the marine biota that flourished at

the construction site were decimated by the island-building process. While the UAE claimed that

no sea life existed in the area to begin with74 and public statements stressing that construction

would not harm marine life – more specifically, coral – were issued,75 this has long been

recognized as false. In fact, the seabed was rich with plankton, grasses, algae, oysters, coral

reefs, etc.76 However, the dredging necessary to redistribute the sand caused the organisms to

take flight, buried them,77 or asphyxiated them.78 The United Nations University Institute for

Water, Environment, and Health concluded that uncertain amounts of coral reef were damaged79

and “permanently modified wave patterns and coastal currents.”80 In short, even the marine biota

that were not killed during or because of construction was inevitably affected by the disruption to

the habitat, from loss of habitat and food.

Beyond the effects on marine life, the Palm Islands have also caused several other

problems, both environmental and economic. First, the construction of the islands have changed

the height and direction of waves near shore which has, in turned, caused erosion problems for

Environmental Harm, USA Today, Jan. 16, 2007.

73
Tina Butler, Dubai’s Artificial Islands Have High Environmental Cost (2005), available at
http://news.mongabay.com/2005/0823-tina_butler_dubai.html.
74
Krane, supra note 43, at 155.
75
Salahuddin, supra note 42, at 59.
76
Krane, supra note 43, at 155.
77
Krane, supra note 43, at 155.
78
The Impact of the Palm Islands: Initial Impacts, http://sites.google.com/site/palmislandsimpact/environmental-
impacts/initial (last visited Nov. 30, 2010).
79
The second island was, in fact, built right on top of a reef. Krane, supra note 43, at 157.
80
Salahuddin, supra note 42, at 59.

12
both the newly constructed islands as well as the shore of the mainland.81 One shoreline model

simulation predicts varying degrees of damage to different points along the coastlines and notes

that the breakwater may collapse or fail to serve its purpose.82 Second, there have also been

economic ramifications. Not only has the displacement of fish affected the local fishermen,

certain aspects of tourism, such as the scuba diving industry, have suffered as a result to the loss

of coral reefs, fish, and clear water.83

D. Conclusions

Artificial islands are becoming increasingly popular options for nations worldwide for a

variety of reasons. As the Kansai International Airport and Palm Islands demonstrate, motives

are complex and intertwined, often a combination of economic need, lack of space, and a desire

to prove something to the world. These projects in particular have set the path that other nations

are following. While newer islands may be able to learn from past engineering and architectural

mistakes, there are obvious environmental issues that are unavoidable regardless of which

construction methods are utilized. Even more worrisome is that there are certainly long-term

consequences that are not yet apparent. For the time being, however, manmade islands are not

common offshore fixtures. Still, they are well on the way. For this reason, the environmental

implications should be brought to the foreground. The rising momentum for similar projects

around the globe suggests that it is time to reconsider the international legal regime that governs

artificial islands.

81
The Impact of the Palm Islands: Long-Term Impacts,
http://sites.google.com/site/palmislandsimpact/environmental-impacts/long-term (last visited Nov. 30, 2010).
82
Id.
83
Salahuddin, supra note 42, at 69-70.

13
 III. Current Laws

The United Nations Convention on the Law of the Sea (UNCLOS) was produced in

response to the increasing exploitation of the oceans.84 By the late 1960s, “[a]ctivities unknown

barely two decades earlier were in full swing around the world,” including oil exploration,

mining, and over-fishing.85 To prevent the total destruction of the oceans, the United Nations

called for the creation of “an effective international regime over the seabed and the ocean floor

beyond a clearly defined national jurisdiction.”86 Beginning in 1973, over 160 sovereign states

came together to discuss pertinent issues and negotiate what would become the provisions of

UNCLOS, which was adopted nine years later in 1982.87

The international laws governing artificial islands are contained in UNCLOS, but they

are not at all extensive. Part V of the Convention deals with the legal regime of the exclusive

economic zone (EEZ). The EEZ is “an area beyond and adjacent to the territorial sea”88 that

“shall not extend beyond 200 nautical miles from the baselines from which the breadth of the territorial

sea is measured.”89 According to Article 56 of the Convention, coastal states have sovereign rights

over the exclusive economic zone “for the purpose of exploring and exploiting, conserving and

managing the natural resources, whether living or non-living.”90 It additionally states that coastal

countries have jurisdiction over the establishment and use of artificial islands within their

respective EEZs.91

84
The United Nations Convention on the Law of the Sea Historical Perspectives,
http://www.un.org/Depts/los/convention_agreements/convention_historical_perspective.htm (last visited Nov. 22,
2010).
85
These activities were, in large part, fueled by Super Power rivalry. See generally Id.
86
Id.
87
Id.
88
United Nations Convention on the Law of the Sea art. 55, Dec. 10, 1982, 1833 U.N.T.S. 397.
89
United Nations Convention on the Law of the Sea art. 57, Dec. 10, 1982, 1833 U.N.T.S. 397.
90
United Nations Convention on the Law of the Sea art. 56, Dec. 10, 1982, 1833 U.N.T.S. 397.
91
Id.

14
 Article 60 of UNCLOS goes into further detail about artificial islands. It provides that

“the coastal State shall have the exclusive right to construct and to authorize and regulate the

construction, operation and use of artificial islands.”92 This provision further provides several

specific requirements for states that wish to construct an island in the EEZ. First, prior to

construction, due notice must be given and “permanent means for giving warning of their

presence must be maintained.”93 Second, where necessary, a state may establish safety zones of

no more than 500 meters around the island and that are reasonably related to the nature of the

island to ensure navigation safety; these zones also require due notice be given.94 Islands may not

be constructed in locations that would cause them to interfere with international navigation, such

as recognized sea lanes.95 Within this article of the Convention, the environment is explicitly

mentioned once. However, it is only in the context of islands that have been abandoned that must

be removed out of respect for, among other things, the environment.96

IV. Proposed Law

The international legal regime of artificial islands set forth in UNCLOS is inadequate in

light of emerging trends in coastal engineering. The provisions of the Convention give coastal

states a great deal of latitude in determining where, when, and how to construct artificial islands.

As discussed, artificial islands are becoming increasingly popular in the shores of coastal

nations. As drafted, there is extremely little concern for the environmental problems caused by

massive island construction projects in territorial waters. If left unrevised, these international

laws of artificial islands will continue to accept the unnecessary decimation of coastal

ecosystems.

92
United Nations Convention on the Law of the Sea art. 60, Dec. 10, 1982, 1833 U.N.T.S. 397.
93
Id.
94
Id.
95
Id.
96
Id.

15
 As a preliminary matter, it is important to establish that state sovereignty is an important

aspect of international law that cannot be overlooked. State sovereignty gives nations

independence, the right to “exercise . . . the functions of a State such as the exercise of

jurisdiction and enforcement of laws” to the exclusion of other states.97 In other words, it gives

each country the right to govern independent of other states. However, state sovereignty stands at

odds with the fact that environmental problems are often global in nature, and improving

environmental conditions require cooperation among states.98 For this reason, while the

international laws that govern artificial islands should not mandate with specificity exactly what

states may and may not do when planning and constructing an island, they can – and should –

provide a framework that will allow individual nations to enforce environmental laws through

national legislation.

There are several revisions that could be made to the existing international laws that

govern artificial islands to strengthen the Convention’s commitment to environmental

conservation. Each of these revisions revolves around explicitly addressing the environment

within Article 60, which provides states with several guidelines to follow for the construction of

manmade islands. First, the laws should mandate that, prior to beginning construction of an

island, states should not only give due notice, but they should also be required to formally assess

multiple construction sites and building plans to determine which will have the least negative

impact on the surrounding ecosystems. This will require states to research construction sites, the

interactions of different species within the regional ecosystems, the implications of different

construction materials and methods, and which options are financially feasible.

97
David Hunter, James Salzman & Durwood Zaelke, International Environmental Law and Policy 472 (3d ed.
2007).
98
Id.

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 By requiring assessment reports, Article 61, which states that nations shall ensure through

proper conservation and management that over-exploitation will not endanger the marine

resources,99 will be implicated. If a state is required to consider its options, it cannot claim

ignorance if the island it builds decimates entire populations of species. In essence, this revision

to the law will seek to promote accountability and a sense of responsibility to the local

environment. Beyond this, a mechanism that compels states to weigh its options will hopefully

steer it away from making decisions solely based on finances. For example, as was the case for

the Kansai International Airport directors, putting a budget ahead of the more conservative

scientific predictions turned out to be more costly in the end because the island began to sink far

more rapidly than the building strategy planned for.

Another revision that will promote environmental conservation is to create classifications

of protection for different marine environments. Although all organisms deserve equal protection

under law, this may not always be viable in light of increasing pressure on populations to spread

seaward. Locations that are rich in natural resources, living organisms, and that provide local

individuals with the source of their incomes should be given the highest degree of protection

under this system of classification. States will only be allowed to build islands in these areas in

exceptional circumstances.100 On the other hand, where there are fewer resources, organisms, and

less human dependence on the area, that area will be given a lower degree of protection. States

will be allowed to build in these locations only after they have acted in compliance with the

assessment reports provision described above to ensure its construction has the least detrimental

effects possible.

99
United Nations Convention on the Law of the Sea art. 61, Dec. 10, 1982, 1833 U.N.T.S. 397.
100
For example, this type of provision would have prevented the UAE from construction the second Palm Island
directly on top of its only protected marine environment.

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 One last addition to the laws would be to add a provision that increases a nation’s

responsibility to the environment even after an island is built. Without a doubt, progress should

not be hindered, but neither should it cause irreversible destruction. To promote sustainability,

UNCLOS should be altered to mandate that nations may only be allowed to construct islands as

quickly as the ecosystems can restore themselves and states should take every reasonable

measure to promote habitat restoration at construction sites. This provision will prevent nations

from building many islands within a relatively small geographic area101 without regard for

whether the natural resources can keep up. In addition, it will encourage nations to build in the

least destructive manner possible and take additional steps that will help attract the same

organisms that lived in the area prior to construction.102

These revisions and additions to the existing law will create an international framework.

From there, states can decide how to meet these goals through more specific national legislation.

For example, states will have the authority to mandate what exactly the environmental

assessment reports will entail and which sites are viable for building. Although it will impose

some limits on what each individual nation is allowed to do, it will still allow plenty of leeway so

that sovereignty is not entirely curtailed. States will still be allowed to build projects, but will

have to do so in a more environmentally-conscious manner. The approach, though imperfect,

attempts to promote research prior to construction and environmental sustainability without

impeding human progress.

V. Conclusion

Artificial islands will very likely become common fixtures in the future. Research and

recent projects show the various short-terms effects this will have on the environment, and long-

101
For example, the way the UAE plans to build dozens of islands in the Persian Gulf to double its land mass and
population.
102
For example, the way Japan attached seaweed to the construction site to promote growth.

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term impacts are still relatively unknown. At present, the laws that govern the jurisdiction and

construction of manmade islands fail to adequately address the implicit environmental concerns.

However, there is still plenty of time to revise the laws. Alterations should be made to the laws to

ensure that human development may continue to consistently develop while still promoting

environmental conservation and sustainability.

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