The Continental Shelf Delimitation Beyond 200 Nautical Miles

2021 ◽  
Author(s):  
Xuexia Liao
Keyword(s):  
United Nations ◽  
Continental Shelf ◽  
Law Of The Sea ◽  
International Courts ◽  
Maritime Boundary ◽  
Key Concepts ◽  
Boundary Making ◽  
United Nations Convention ◽  
The Law ◽  
Consistent Approach

The Continental Shelf Delimitation Beyond 200 Nautical Miles provides an up-to-date and informed analysis of the now fast developing, yet confusing, field of the law of maritime delimitation. It examines the procedural matters in relation to the competence of international courts and tribunals in the light of the institutional framework of the United Nations Convention on the Law of the Sea and discusses the methodological questions arising out of the delimitation process. The book engages with the key concepts of maritime entitlement, delineation and delimitation with a view to developing a coherent and consistent approach to the delimitation of the continental shelf beyond 200 nautical miles. Essentially, it argues that the delimitation of the continental shelf will be unified with existing maritime delimitation, and a common approach to maritime boundary-making within and beyond 200 nautical miles is likely to emerge.

The Commission on the Limits of the Continental Shelf and its Disturbing Propensity to Legislate

2011 ◽  
Vol 26 (3) ◽  
pp. 355-383 ◽  
Author(s):  
Andrew Serdy
Keyword(s):  
United Nations ◽  
Continental Shelf ◽  
Law Of The Sea ◽  
Continental Shelves ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

AbstractCreated by the United Nations Convention on the Law of the Sea to apply the rules in Article 76 on the outer limits of the continental shelf beyond 200 nautical miles from States’ territorial sea baselines, the Commission on the Limits of the Continental Shelf has on several occasions introduced new requirements for States not supported by Article 76, or impermissibly qualifying the rights Article 76 accords them. This article focuses on several such instances, one to the coastal State’s advantage (though temporally rather than spatially), another neutral (though requiring unnecessary work of States), but the remainder all tending to reduce the area of continental shelves. The net effect has been to deprive States of areas of legal continental shelf to which a reasonable interpretation of Article 76 entitles them, and in one case even of their right to have their submissions examined on their merits, even though, paradoxically, the well-meaning intention behind at least some of the Commission’s pronouncements was to avoid other controversies.

The Work of the Commission on the Limits of the Continental Shelf: Current Accomplishments and Challenges on the Verge of Its 20th Anniversary

2017 ◽  
Vol 20 (1) ◽  
pp. 36-70
Author(s):  
Paula M. Vernet
Keyword(s):  
New York ◽  
United Nations ◽  
Continental Shelf ◽  
Law Of The Sea ◽  
20Th Anniversary ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
Conditions Of Work

2017 marks the 20th anniversary of the Commission on the Limits of the Continental Shelf (CLCS), in coincidence with its 43rd session. This session has been the last before the expiration of the term of office of its current members. Elections were held in June. During this five year period, the CLCS faced great challenges: the workload of the Commission increased dramatically, stays in New York became longer, conditions of work became an issue; the complexity of the Submissions required new interpretations and more time for their consideration; new revised Submissions were made and brought new alterations in the order of Submissions on the list waiting to be analysed. This article provides some views on the work carried out by the CLCS following the election of members of the Commission at the twenty-second Meeting of States Parties to the United Nations Convention on the Law of the Sea, held in June 2012, up to December 2016, in an attempt to assess the accomplishments and challenges of the last five years.

Rethinking the Concept of Historic Rights in International Law

2019 ◽  
Vol 7 (2) ◽  
pp. 153-165
Author(s):  
Ying Wang
Keyword(s):  
United Nations ◽  
International Law ◽  
Law Of The Sea ◽  
Legal Regime ◽  
Legal Documents ◽  
Maritime Boundary ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
Maritime Boundary Delimitation

Abstract Historic rights have been acknowledged by international legislation including the United Nations Convention on the Law of the Sea, although many issues concerning the concept still remain uncertain. This article will mainly discuss the legal connotation and juridical functions of the concept of ‘historic rights’ for maritime entitlements and maritime boundary delimitation, and attempt to clarify some legal ambiguity and explain the function of the legal regime through analysis of legal documents and identification of typical difficulties in the application of the concept of ‘historic rights’.

Geomatics Aspects of the UN Convention on Law of the Sea – A Case Study

2002 ◽  
Vol 55 (3) ◽  
pp. 443-449
Author(s):  
Ahmed El-Rabbany
Keyword(s):  
United Nations ◽  
Natural Resources ◽  
Continental Shelf ◽  
Legal Framework ◽  
Law Of The Sea ◽  
Maritime Boundary ◽  
United Nations Convention ◽  
The United Nations ◽  
Maritime Boundary Delimitation

The United Nations Convention on Law of the Sea (UNCLOS) came into force on November 18, 1994 to provide the legal framework for maritime boundary delimitation. Understanding the geomatics aspects of UNCLOS is vital for coastal nations to claim the ownership of the natural resources within the limits of their Continental Shelf. This paper discusses some of the geomatics aspects of UNCLOS, namely the geodetic and uncertainty issues. A case study for Egypt's outer limits is also presented.

Maritime Dispute

2015 ◽  
Vol 109 (2) ◽  
pp. 379-386
Author(s):  
Abhimanyu George Jain
Keyword(s):  
United Nations ◽  
Law Of The Sea ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Maritime Boundary ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

On January 27, 2014, the International Court of Justice (Court) rendered its judgment in a dispute between Peru and Chile concerning the maritime boundary between them. The Court held that a partial maritime boundary already existed between the parties, and it proceeded to analyze both its nature and its extent on the basis of agreements between the parties, their practice, and other evidence. For the remainder of the boundary extending up to 200 nautical miles, the Court applied the rule of equitable delimitation found in Article 74 of the United Nations Convention on the Law of the Sea (UNCLOS).

Article 76 of the LOSC on the Definition of the Continental Shelf: Questions concerning its Interpretation from a Legal Perspective

2006 ◽  
Vol 21 (3) ◽  
pp. 269-285 ◽  
Author(s):  
Alex Oude Elferink
Keyword(s):  
United Nations ◽  
Continental Shelf ◽  
Law Of The Sea ◽  
The Third ◽  
Complex Process ◽  
Legal Perspective ◽  
National Jurisdiction ◽  
United Nations Convention ◽  
The Law ◽  
Definition Of

AbstractThe establishment of the outer limits of the continental shelf beyond 200 nautical miles under Article 76 of the United Nations Convention on the Law of the Sea (LOSC) is a complex process, which requires a coastal state to dedicate significant resources. To understand the reasons for the inclusion of this complex provision in the LOSC, this article first looks at the origins of Article 76. Subsequently, a number of provisions of Article 76 are considered to illustrate the questions which exist in connection with its application and interpretation. It is concluded that Article 76 fulfills the mandate that had been given to the Third United Nations Conference on the Law of the Sea in respect of the definition of the limits of national jurisdiction, notwithstanding the complexity of the issue and the interests involved. Before the Third Conference started there was no certainty about the extent of the continental shelf. Article 76 provides a procedure to arrive at precisely defined outer limits. Once Article 76 will have been implemented by all the present states parties to the Convention, most of the outer limits of the continental shelf vis-à-vis the Area will be defined in precise terms.

Sign in / Sign up

Export Citation Format

Share Document