مجموعة ٣٠/٨٧(٢) الجزء II "قطر: الامتياز النفطي - عمليات شركة امتيازات النفط المحدودة." [و‎‎١‎١‎٢] (٦٠٣/٢٢٦)

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(E 1462/716/91)
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In connection with the Hague Codification Conference
1930 very many divergent opinions were expressed on the
question of what may constitute an island and have
territorial waters*
Article 5 of the Draft Convention drawn up by M.
Schucking, Rapporteur of the Committee of Experts for the
Progressive Codification of International Law, implies that
any part of the sea bed not continuously submerged is an
island and has territorial waters.
In our reply to the Questionnaire issued by the
Preparatory Committee of the Conference, expressed the view
that M An island is a piece of territory surrounded by water
and in normal circumstances permanently above high water*
It does not include a piece of territory not capable of
effective occupation and use. H.M.G. considers that there
is no ground for claiming that a belt of territorial waters
exists round rocks and banks not constituting islands as
defined above, and would view with favour an international
agreement to this effect in order that there may be no doubt
as to the status of the waters round such rocks and banks
and round artificial structures raised upon them* n Other
members of the British Commonwealth of Rations expressed
views substantially similar to that of Great Britain, but the
majority of the other states in their replies to the
questionnaire were inclined to the opinion that any naturally
formed part of the earth’s surface projecting above the level
of the sea at low tide should be considered an island and
have territorial waters.
On the Replies, the Preparatory Committee made the
following observations:
’•Two main conceptions appear in the above replies.
According to one, an island must be above water at high tide.
According to the other, it is sufficient for it to be above
water at low tide.
A compromise may be contemplated. It will consist in
allowing an island (i.e., an isolated island) to have its own
territorial waters only if it is above water at high tide,
but in taking islands which are above low-water mark into
account when determining the base line for the territorial
waters of another island or the mainland, if such islands be
within those waters .* 1
The Committee also drew up the foliov/ing "Basis for
discussion" for the Conference:
"In order that an Island may have its own territorial
waters, it is necessary that it should be permanently above
the level of high tide.
In order that an island lying within the territorial
waters of another island or of the mainland may be taken into
account in determining the belt of such territorial waters,
it is sufficient for the island to be above water at low
tide."
In his memorandum of 21 June, 1937, (printed paper
N.3151/29/30) on the Conference, Mr. Pitzmaurice draws the
/following