This paper examines the use of a specific international legal fiction. It is claimed that a legal fiction was confirmed by the Tribunal in the South China Sea Arbitration (2016). The paper asks whether this is an effective legal fiction. The paper will argue that this is not so, pointing to the difficulties that the fiction necessarily creates. From this example, lessons may be learned of the phenomenon of legal fictions of international law generally, and, crucially, of their effectiveness.

This essay discusses international law aspects of an airport in the Exclusive Economic Zone (EEZ), concentrating on the law of the sea and air law. The law of the sea gives a more positive answer to the question regarding the feasibility of the operation of an airport in the EEZ than air law. At the same time, the evolution of regimes, including also EC law and policy, may facilitate acceptance of international operations at a national airport in the EEZ. Finally, the prevailing circumstances, such as economic, financial and environmental considerations, will be liable to affect the acceptability of an airport in the sea, more particularly in the EEZ.