Legal Question in International Law in Washington

Re: International waters

This question is only academically interesting, which is why I am guessing that you submitted it, and for the same intellectually curious reason as I am writing a response.

Law Guru only allows limited space to respond, and international law requires volumes to explain what are often simple concepts, only because there are so many exceptions to each rule- even the seemingly basic ones.

Assuming you are a U.S. citizen, and you legally acquire your own island (real or man made), if it is an already recognized sovereign nation, then it is bound by those treaties which it has already signed. On the other hand, there is no law that prevents nations from unilaterally withdrawing from treaties either. It is only international pressure, brought about by way of suspension of international aid/loans that prevent countries that later change their minds about treaties from withdrawing from those treaties in the first place.

If you are a U.S. citizen, and you break U.S. law, even in another country, you are still subject to prosecution in the United States. If you are a foreign citizen who violates U.S. laws, such as by conspiring to export marijuana to the United States, then just like Manuel Noriega, you are subject to arrest by U.S. authorities. However, keep in mind that Noriega, as the head of state, is immune from such an arrest, at least under international law. However, small nations like Panama and Grenada don't get to argue with massive U.S. invasions and illegal arrests, so keep that in mind.

Now, your question is very narrowly tailored, to the island's owner, for that person's own use on the island. If the person using is not a U.S. citizen, then I'd say, the user is in the clear, assuming the island is a sovereign nation, recognized by the United States or any other country whom you are afraid may come after you.

By the way, if it is not already recognized, you will want to apply to the U.N. for recognition and for membership. Keep in mind that by joining, you are subject to the U.N. Charter, which you should read before joining. Also, don't forget the annual dues, which you will need to pay for via taxes that you will need to charge your citizens or subjects, as well as foreign companies and persons who do business in your country. Frankly, you could make a fortune in banking with off shore bank accounts (see Bermuda as one example) for the rich who want to hide their money. Again, you have to be careful not to knowingly engage in money laundering, or other illegal activities that such off shore banking may attract.

Good luck!