Claiming an Uninhabited Island: Possibility or Folly?

The concept of claiming uninhabited islands has a long and often controversial history. This article explores current international law and real-world examples to determine if a modern nation can successfully lay claim to an uninhabited island.

Historical Claims and Modern Perspectives

In early modern times, claims to uninhabited islands were common. For example, in 1592, Captain John Davis of the English ship Desire discovered and claimed the Falkland Islands on behalf of Queen Elizabeth I. This practice was part of the broader overseas expansion during the Age of Discovery.

However, modern international law and geopolitical realities have drastically altered the landscape of island claims. The critical factor today is whether the island is already under the sovereignty of another nation. Simply stating that a place is unoccupied does not automatically make it available for grabs.

The Current Reality of Island Sovereignty

There are more than 500,000 islands in the world, many of which are uninhabited. Nevertheless, virtually all of them are claimed or partially claimed by various countries. For instance, the Philippines has over 7,500 islands, and Indonesia has roughly twice that number. A significant number of these islands are not suitable for human habitation, but their sovereignty is still recognized and often protected.

Case Studies of Island Disputes

One notable example is the dispute between Denmark and Canada over Hans Island, a tiny rock that straddles the Denmark Strait. For 50 years, both nations claimed the island and periodically stagedqml" " mock military operations to underscore their sovereignty. Eventually, they came to an agreement, turning the island into a de facto border marker and a symbol of their enduring friendship.

Legality and Acceptance of Claims

For a modern nation to claim an uninhabited island and have that claim accepted, the claimant must follow international law and demonstrate that the claim is both practical and justifiable. Claims based solely on the uninhabited nature of the island are unlikely to succeed without strong evidence of prior sovereignty or historical claims.

Historical Precedents

In the past, various nations justified claims to uninhabited islands based on the idea that the land was “unoccupied” or belonged to less advanced civilizations. For example, European explorers often claimed territories from perceived indigenous inhabitants who were deemed not to be utilizing the land to its full potential.

However, current international law and ethical considerations have moved away from such claims. The United Nations Convention on the Law of the Sea (UNCLOS) and other legal frameworks emphasize the protection of the environment and the rights of indigenous peoples. The lack of modern inhabitants does not automatically nullify prior claims or confer unclaimed status.

Conclusion

While the historical practice of claiming uninhabited islands has laid the groundwork for some modern claims, the current legal and geopolitical landscape makes it highly unlikely for a nation to successfully lay claim to such an island that is already known to be somebody else's territory. The value of countless uninhabited islands lies in their recognized sovereignty, strategic importance, and often, the broader interests of existing claimants.