International Law, Human Rights & Islands

The Study Group has a wide mandate to examine islands under international law in order to identify the specific key-point areas (KPAs) where further research is needed and come to some preliminary conclusions. The Study Group has been established to examine what distinctive issues islands currently raise in international law, with a focus on human rights. It will address old and new challenges with respect to islands with a view to propose modern approaches on the matter.

The focal questions to be addressed will be:

1. What is the definition of “island” under international law? 

2. What are the current challenges “islands” pose under international law?

3. What are the definitions of “island”/“islandness” outside of international law? And to what extent are they relevant to international law? 

4. Can Island Studies enlighten the treatment of islands under international law? And vice versa?

5. Do we need a distinctive regime for islands in international law?

6. Is the rethinking of islands in international law opening the gates to critical perspectives on international law based on islandness? Can we frame the problem of islands and international law as a quest for de-continentalising international law?

The Study Group is open to a range of views and perspectives and depending on the exchanges within the group, its findings may be used for the establishment of a Committee with a more narrowly-defined mandate (focusing on the aforementioned KPAs). The Committee could study and clarify, for example, how existing international law develops and is developed in island contexts and in turn why and how islands participate at the level of international law and governance. A broader focus on islands will allow the Committee: (a) to study the normative processes in which islands engage in and with international law; (b) to assess how their involvement in institutional practices shape law, policy and its implementation; (c) and to assess what patterns of argumentation or discourse constitute an islandness turn in international law and governance and the politics of this discourse.