Ministry of Foreign Affairs Must Actively Deal With Artificial Islands Issue

The discussion over constructing artificial islands in the Persian Gulf by the UAE can be examined both legally and politically. The discussion about construction of artificial islands is held in international law. Based on the 1982 Law of the Sea Convention, countries can construct artificial islands in an exclusive economic zone and their territorial waters. Therefore, the construction of artificial islands in the territorial waters or exclusive economic zones is accepted in international law.

Furthermore, in the domestic laws of most countries, the right to construct artificial islands in the sea or exclusive economic free zones for research and other legitimate purposes is recognized, provided that no harm is inflicted on the environment.

Thus, construction of artificial islands per se is accepted in international law. But what should be assessed is whether construction in that district is accepted in international law and the Law of the Sea. Then it should be noted that the government can take action if the region in which artificial islands are constructed is not in dispute.

Now if the region in which an artificial island is constructed is disputed, the case will be different. While this dispute is unresolved, the construction of islands causes political and legal problems.

Therefore, before the issue of the construction of artificial islands is raised, what should be raised is that the sovereignty of each country in the region must be determined first. Otherwise, the right to construct artificial islands is not disputed, provided that it is done under the sovereignty of the country regarding international law. Moreover, artificial islands must not be in waterways, and should not pose an obstacle to the international traffic of ships and sailing.

If the issue of marine areas between Iran and the UAE is solved, the construction of islands is not a problem; as the UAE is allowed to begin the construction and Iran can do the same thing.

But it should be mentioned that the UAE makes claims about three islands and so far nothing has been agreed to determine the sea boundaries of the two countries. From Iran’s viewpoint, the islands are under the sovereignty of Iran and the islands’ domain, i.e. the exclusive economic free zone and sea lanes are under Iranian sovereignty. Accordingly, the lack of an agreement cannot violate Iran’s sovereignty, because they are under the control of Iran.

Therefore, if the islands are being constructed in the territorial waters or exclusive economic free zone, it is contrary to international law and Iran should not allow the construction of these islands.

Because neither Iran nor the UAE joined the Sea Convention of 1982, they cannot refer to the competent authorities over a marine dispute. Moreover, Iran does not want to be involved in the discussion before international bodies. Because any referral to international bodies confirms that there is a dispute with the UAE. Moreover, referring to the international bodies provides two avenues for Iran: acceptance of the arbitration, or negotiation to resolve disputes. Iran rightfully does not want to contribute to the debate; then, legal issues can be referred to. At this point, Iran should use the tools of politics and propaganda. Iranian sovereignty over the three islands, territorial seas and exclusive economic free zone is indisputable. The foreign affairs ministry should actively deal with this matter and all must support it.