Island

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Island

A land area surrounded by water and remaining above sea level during high tide.

Land areas exposed only during low tide are called low-tide elevations or drying rocks, reefs, or shoals. The existence of islands has generated numerous disputes, centering primarily on the size of the territorial sea surrounding an island and the determination of what state has sovereignty over a particular island. The size of the territorial sea has become an important question affecting fishing rights and the right of unrestricted passage for foreign vessels. Although the territorial sea of an island is usually determined by reference to its coastal baseline, some adjustments have been recognized in the cases of archipelagoes and islands located close to the mainland.

Determination of what state has title to an island has traditionally depended upon an open and continuous assertion of sovereignty over the island, which is usually, but not always, accompanied by physical presence of some representative of the state.

Cross-references

Territorial Waters.

See: isolate

ISLAND. A piece of land surrounded by water.
     2. Islands are in the sea or in rivers. Those in the sea are either in the open sea, or within the boundary of some country.
     3. When new islands arise in the open sea, they belong to the first occupant: but when they are newly formed so near the shore as to be within the boundary of some state, they belong to that state.
     4. Islands which arise in rivets when in the middle of the stream, belong in equal parts to the riparian proprietors when they arise. mostly on one side, they will belong to the riparian owners up to the middle of the stream. Bract. lib. 2, c. 2; Fleta, lib. 3, c. 2, s. 6; 2 Bl. 261; 1 Swift's Dig. 111; Schult. Aq. R. 117; Woolr. on Waters: 38; 4 Pick. R. 268; Dougl. R. 441; 10 Wend. 260; 14 S. & R. 1. For the law of Louisiana, see Civil Code, art. 505, 507.
     5. The doctrine of the common law on this subject, founded on reason, seems to have been borrowed from the civil law. Vide Inst. 2, 1, 22; Dig. 41, 1, 7; Code, 7; 41, 1.

References in periodicals archive ?
Therefore the woodland decline inferred from the pollen may not have resulted from exploitation of wood as fuel, with the caveat that Eilean Domhnuill was not necessarily the only site exploiting the catchment.
The Photogold collection features over 70 images, including Edinburgh, Stirling and Eilean Donan Castles, Skye Glencoe, Loch Lomond and much more.
Ten Irish Poets: An Anthology of Poems by George Buchanan, John Hewitt, Padriac Fiacc, Pearse Hutchinson, James Simmons, Michael Hartnett, Eilean Ni Chuilleanain, Michael Foley, Frank Ormsby, & Tom Mathews.
Search teams yesterday concentrated their efforts on the area where the sunken vessel was found, to the north of the small island of Eilean Trodday, off the coast of Skye.
EILEAN BAN, a general 33-1 chance for the Stan James 1,000 Guineas at Newmarket on May 7, has sustained a leg injury and will be out until the summer, her trainer Ed Dunlop said yesterday.
One possible location for the advert is believed to be the Eilean Donan Castle near the Kyle of Lochalsh.
CHUIR mi mo shron ri uinneag Chaisteal Cheann Loch agus mi air tir an Eilean Rum an t-seachdain-sa chaidh.
Contract Award Notice: Comhairle nan Eilean Siar (the Comhairle) is the local authority for the Outer Hebrides.
Residents on the Scottish islands of Eilean Siar and Orkney pump out the most domestic CO2 per year, with 3.
We were up bright and early next morning to drive north for just under three hours to yet another distinctive castle, perhaps the most photographed of them all, Eilean Donan Castle on the small tidal island of Eilean Donin in Loch Duich.
Reading Eilean Ni Chuilleanain, a contemporary Irish poet; the element of the spiritual.
Eilean Ni Chuilleanain's first collection of poetry, Acts and Monuments, appeared in 1972.