United States v. Alaska, 521 U.S. 1, 22 (1997)

Page:   Index   Previous  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  Next

22

UNITED STATES v. ALASKA

Opinion of the Court

would be considered inland waters under the 1930 proposal for straits is unclear.

Accordingly, we overrule Alaska's first exception.

III

Alaska next excepts to the Master's conclusion that a small gravel and ice formation in the Flaxman Island chain, known as Dinkum Sands, is not an island. Whether Dinkum Sands is an island affects Alaska's ownership of offshore submerged lands in the feature's vicinity.

As discussed above, a State's coastline provides the starting point for measuring its 3-mile Submerged Lands Act grant. See 43 U. S. C. §§ 1301(a)(2), 1311(a). Generally, the State's coastline corresponds to a "baseline" from which, under the 1958 Convention, the United States measures its territorial sea for international purposes. Supra, at 8. Article 10(1) of the Convention defines an island as "a naturally-formed area of land, surrounded by water, which is above water at high-tide." A line of ordinary low water along the coast of an island can serve as a baseline for measuring the territorial sea. See Arts. 10(2), 3. The Convention also permits a nation to claim a belt of territorial sea around certain features that are not above water at high tide, so long as they are located wholly or partly within the territorial sea belt of the mainland or an island. Arts. 11(1)-(2). Again, for purposes of determining a State's ownership rights under the Submerged Lands Act, we are concerned with a 3-mile belt of the territorial sea. See supra, at 8-9. Because Dinkum Sands is not within three miles of the nearest islands or the mainland, it does not meet the requirements of Article 11. Accordingly, Dinkum Sands has its own belt of territorial sea—and Alaska owns submerged lands beneath that belt—only if Dinkum Sands satisfies the requirements of Article 10(1).

The issue here has been narrowed to whether Dinkum Sands is "above water at high-tide." Dinkum Sands has fre-

Page:   Index   Previous  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  Next

Last modified: October 4, 2007