UNITED ARAB EMIRATES’ ARTIFICIAL ISLANDS: A TOURIST ATTRACTION OR A FUTURE STRATEGIC MILITARY OPTION?

By: Joseph Chletsos

The building of artificial islands is not a new concept; however, it has recently received more media attention, as “[t]housands of years before today’s nations began constructing artificial islands, prehistoric people in the British Isles were doing the same.”[1] The United Arab Emirates began its artificial island building of “Palm Jumeirah” in 2001.[2] Although there are a few countries that are building artificial islands, each country’s reasoning for constructing the islands is different. The United Arab Emirates’ reasoning for artificial island building was for a development project for both residential and commercial real estate.[3] Meanwhile, it is suggested that Japan has built its artificial islands for both economic and military purposes.[4]  While China claims their artificial island “construction [is] intended to aid peace in the region, as well as maritime safety and disaster prevention,” it appears that China’s reasoning for constructing the islands is for military purposes.[5]

Though each country’s reasoning for the construction of artificial islands varies, the implications that arise as a result of the construction is a key factor in determining if construction should be justified. However, the implications of artificial island building are outside the scope of this blog. Recently there have been escalated tensions in the world pertaining to the Strait of Hormuz, which connects the Persian Gulf to the Gulf of Oman.[6] The tensions in the Strait of Hormuz have centered around the seizure and attacks on oil tankers by the country of Iran.[7] As a result of these tensions, the United Arab Emirates is in a prime military location to help intervene and deescalate tensions in the Strait of Hormuz.[8]

According to UNCLOS, an island is “a naturally formed area of land, surrounded by water, which is above water at high tide.”[9] In addition, UNCLOS states rocks that do not “sustain human habitation or economic life of their own shall have no exclusive economic zone or continental shelf.”[10] Thus, an artificial island is an island that is not naturally formed, surrounded by water, and is above high tide.[11] UNCLOS further states that artificial islands are permitted to be constructed within the exclusive economic zone.[12] The Exclusive Economic Zone (EEZ) is an area in which nations have jurisdiction over the territorial sea up to 200 nautical miles, depending on the country.[13] The breadth of a countries territorial sea according to UNCLOS clearly states that the territorial sea shall not exceed “12 nautical miles, measured from baselines determined in accordance with this convention.”[14] “Artificial islands, installations and structures do not possess the status of islands. [Thus] have no territorial sea of their own, and their presence does not affect the delimitation of the territorial sea, the exclusive economic zone or the continental shelf.”[15]

As with any treaty, the compliance of UNCLOS’ lies with its signees of the agreement. UNCLOS has 182 participants, including the United Arab Emirates.[16]  However, the United Arab Emirates has only signed the treaty but has not yet ratified it.[17] As previously mentioned, the United Arab Emirates has partaken in artificial island building since 2001 and completed its first artificial island (Palm Jumeriah) in 2011.[18] Palm Jumeriah’s primary purpose was for commercial real estate consisting of hotels, villas, and apartments.[19] The price to complete Palm Jumeriah was estimated to exceed fourteen billion dollars.[20]

Recently, the United Arab Emirates has been an active member with Iran, specifically pertaining to tensions surrounding oil tankers in the Strait of Hormuz.[21] The Strait of Hormuz is accountable for the transportation of approximately twenty percent of the world’s supply of oil.[22] “For the first time in six years, officials from Iran and the United Arab Emirates met in Tehran to discuss maritime security amid an increase in tensions in the Persian Gulf . . . .”[23] An Emirati official spoke on the meeting stating, “the Iran-UAE meeting focused on issues related to border security and navigation in shared waters, describing the talks as ‘nothing new’ and unrelated to current tensions.”[24] Although, this meeting was considered “nothing new” as described by the Emirati official,[25] prior to this meeting, in May 2019, there were several oil tankers that were damaged near the United Arab Emirate’s Port of Fujairah.[26] A congressional research service report from August 2019 stated, “[t]he United Arab Emirates . . . has been a significant U.S. partner in Gulf security, helping to address multiple regional threats by hosting U.S. military personnel at UAE military facilities and buying sophisticated U.S. military equipment, including missile defenses and combat aircraft.”[27] Taking this into consideration, the congressional research service report further states:

On Iran, the UAE has supported the Trump Administration policy of pressuring Iran economically and politically. However, the UAE leadership’s apparent concerns that U.S.-Iran tensions could embroil the UAE into war with Iran has caused an apparent UAE shift toward more engagement with Iran. That shift likely contributed to the UAE decision to scale back its efforts against the Houthis in Yemen, while at the same time illustrating UAE divergence from Saudi policy.[28]

Thus, it may be highly likely the United Arab Emirates’ military strategy is to try to treat these tensions peacefully in an effort to deescalate.  However, if this strategy does fail, there is a long-term option that is available.

Although the United Arab Emirates currently is taking a peaceful but active role in the surrounding tensions pertaining to the Strait of Hormuz and Iran, there is another option available: Artificial Island Building. The United Arab Emirates is no stranger to artificial island building, as mentioned above, the United Arab Emirates began building artificial islands in 2001.[29] Although the United Arab Emirates has built its artificial islands for the purpose of commercial and residential real estate,[30] there is always the option to build artificial islands in efforts to maintain peace in the region. However, this option is time-consuming as it took ten years for the United Arab Emirates to complete its first artificial island.[31] Although it took the United Arab Emirates ten years to build one island,[32] China has built numerous official islands in half the time.[33] Even if the United Arab Emirates was able to adopt China’s speed in building artificial islands, the process would still take a while and could worsen tensions in the middle east, specifically with Iran. Even so, artificial island building is a viable option that the United Arab Emirates could utilize to assist in the patrolling and peacekeeping in the Strait of Hormuz. If the United Arab Emirates was to move forward with this option, UNCLOS would provide guidance in the placement of artificial island building.[34] Although the United Arab Emirates is only a signatory to UNCLOS,[35] it would be in the United Arab Emirates’ best interests to abide by its provisions. As mentioned, artificial islands can only be built within a country’s EEZ.[36] Therefore, since the United Arab Emirates EEZ extends the full 200 nautical miles, an artificial island may be built 200 nautical miles off the United Arab Emirates coast.[37] In addition to the limitations on where an artificial island may be built, there are other considerations a country must consider, such as effects on the ecosystem.[38] If the United Arab Emirates does pursue this approach and complies with UNCLOS, the location of its artificial island would allow for more strategic planning in the monitoring and policing in the Strait of Hormuz.

Although the United Arab Emirates currently is seeking a more peaceful approach in deescalating tensions in the Strait of Hormuz, there is the possibility this approach could fail. In that even there is the possibility of artificial island building that the United Arab Emirates could implement to help achieve peace in the regio

[1] Amanda Ruggeri, Forget Dubai, Brits Were Building Islands 5,000 Years Ago, BBC, (Dec. 14, 2016), http://www.bbc.com/earth/story/20161213-the-ancient-artificial-islands-in-scotland-called-crannogs.

[2] Hansen Brett, Coastal Engineering: Artificial Islands Reshape Dubai Coast, 75 Civ. Eng’g 12 (2005). Robert Lewis, Palm Jumeirah, Encyclopedia Britannica, https://www.britannica.com/topic/Palm-Jumeirah (last visited Sept. 16, 2018).

[3] Robert Lewis, Palm Jumeirah, Encyclopedia Britannica, https://www.britannica.com/topic/Palm-Jumeirah (last visited Sept. 16, 2018).

[4] T.Y. Wang, Japan is Building Tiny Islands in the Philippine Sea. Here’s Why., The Washington Post, (May 20, 2016), https://www.washingtonpost.com/news/monkey-cage/wp/2016/05/20/the-japanese-islet-of-okinotori-is-the-size-of-a-tokyo-bedroom-but-the-basis-of-a-big-claim/?utm_term=.71659a38be3c.

[5] Neil Conner, China Triggers New Storm Over Military Build-Up on Artificial Islands, The Telegraph, (Jan. 9, 2018, 5:57PM), https://www.telegraph.co.uk/news/2018/01/09/diplomatic-protests-china-shows-militarised-artificial-islands/.

[6] MEE and Agencies, UK will call on France, Germany to help patrol Gulf waters amid Iran tensions, MIDDLE EAST EYE, (Aug. 29, 2019, 11:17 PM), https://www.middleeasteye.net/news/uk-will-call-france-germany-help-patrol-gulf-waters-amid-iran-tensions.

[7] Vivian Yee, Yonette Joseph & Iliana Magra, Iran Says It Has Seized Another Oil Tanker in Persian Gulf, N.Y. Times, (Aug. 4, 2019), https://www.nytimes.com/2019/08/04/world/middleeast/iran-oil-tanker-persian-gulf.html; Megan Specia, U.S. Navy Says Mine Fragments Point to Iran in Tanker Attack, N.Y. Times, (June 19, 2019), https://www.nytimes.com/2019/06/19/world/middleeast/navy-tanker-iran-evidence.html.

[8] Worldatlas, Strait of Hormuz – Map & Description, https://www.worldatlas.com/aatlas/infopage/hormuz.htm (last visited Aug. 31, 2019).

[9] United Nations Convention on the Law of the Sea, Dec. 10 1982, 1833 U.N.T.S. 397, pt. VIII, art. 121(1). [Hereinafter UNCLOS].

[10] Id. at pt. VIII, art. 121(3).

[11] See generally UNCLOS, supra note 4.

[12] Id. at pt. V, art. 60(1)(b).

[13] Id. at pt. V.

[14] Id. at pt. II, art. 3. 

[15] Id. at pt. V, art. 60(8).

[16] Id.

[17] Id.

[18] Wikipedia, Palm Islands, https://en.wikipedia.org/wiki/Palm_Islands (last visited Aug. 31, 2019).

[19] Dubai plans $1.7 billion tourist project on new artificial islands, Reuters, (May 15, 2017, 5:36AM), https://www.reuters.com/article/us-dubai-tourism-idUSKCN18B0Y8.

[20] Tripaways, Palm Jumeriah Construction Price. (Nov. 23, 2017), https://tripaways.com/article/view/palm-jumeirah-construction-price.

[21] Amir Vahdat & Aya Batrawy, UAE and Iran hold rare talks in Tehran on maritime security, Associated Press, (July 31, 2019), https://www.apnews.com/49c6da1c33fd45bbaf1b14836ee5e2ec.

[22] Danush Parvaneh, Why the US and Iran are fighting over this tiny waterway, Vox (Aug. 22, 2019, 6:00 PM), https://www.vox.com/videos/2019/8/22/20828858/us-iran-hormuz-oil-tanker.

[23] Vahdat, supra note 21.

[24] Id.

[25] Id.

[26] Saeid Jafari, Despite heightened regional tensions, UAE seeks deescalation with Iran, AL-MONIT (Aug. 30, 2019), https://www.al-monitor.com/pulse/originals/2019/08/iran-uae-heightened-regional-tension-deescalation.html#ixzz5yDSkjla8.

[27] Cong. Research Serv., RS21852, The United Arab Emirates (UAE): Issues for U.S. Policy (Aug. 19, 2019) [hereinafter Cong. Research Serv., RS21852].

[28] Id.

[29] Wikipedia, supra note 18.

[30] Lewis, supra note 3.

[31] Wikipedia, supra note 18.

[32] Id.

[33] Katie Hunt, Showdown in the South China Sea: How Did We Get Here?, CNN, (Aug. 2, 2016), https://www.cnn.com/2015/10/28/asia/china-south-china-sea-disputes-explainer/index.html.

[34] UNCLOS, supra note 9.

[35] Id.

[36] UNCLOS, supra note 13.

[37] Wikipedia, Geography of the United Arab Emirates, https://en.wikipedia.org/wiki/Geography_of_the_United_Arab_Emirates (last visited Aug. 31, 2019).

[38] UNCLOS, supra note 9 at part XII.

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