ASSERTIONS OF ENTITLEMENT TO THE OUTER CONTINENTAL SHELF IN THE CENTRAL ARCTIC OCEAN

2017 ◽  
Vol 66 (2) ◽  
pp. 367-409
Author(s):  
Bjørn Kunoy
Keyword(s):  
United Nations ◽  
Continental Shelf ◽  
Arctic Ocean ◽  
The Arctic ◽  
Law Of The Sea ◽  
Outer Continental Shelf ◽  
Central Arctic Ocean ◽  
Technical Issues ◽  
United Nations Convention ◽  
The United Nations

AbstractThe legal and technical issues relating to the outer continental shelf entitlements in the Central Arctic Ocean present several challenges, most of which are to be resolved in accordance with Article 76 of the United Nations Convention on the Law of the Sea. Recently, two coastal States in the Central Arctic Ocean have made fully fledged submissions relating to the Arctic to the Commission on the Limits of the Continental Shelf. Russia has made a revised submission that is currently being considered by the Commission on the Limits of the Continental Shelf. The submission of Denmark/Greenland will most likely only be considered in 10 or 15 years time.

Brazil and the Implementation of Article 82 of the United Nations Convention on the Law of the Sea: Setting the Stage for the Bidding Rounds

2021 ◽  
pp. 1-25
Author(s):  
Alexandre Pereira da Silva
Keyword(s):  
United Nations ◽  
Continental Shelf ◽  
Working Group ◽  
Law Of The Sea ◽  
Outer Continental Shelf ◽  
Legal Opinions ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
International Seabed Authority

Abstract This article analyses the challenges that Brazil faces in implementing Article 82 of the United Nations Convention on the Law of the Sea (LOSC), which imposes a levy with respect to the exploitation of non-living resources on the continental shelf beyond 200 nautical miles. First, it presents the developments made by Brazil with reference to Articles 76 and 82 of the LOSC, which are closely associated. Then, legal opinions and the conclusions of the Working Group (created to discuss the implementation of Article 82 in Brazil) are examined. Lastly, the tender protocol and the draft concession agreement for the ongoing bidding round – which includes blocks on the outer continental shelf – are considered. The article argues that the conclusions of the Working Group and core provisions of the relevant documents may compromise the proper implementation of Article 82 and impact the future relationship between Brazil and the International Seabed Authority.

Determination of the Outer Continental Shelf Limits and the Role of the Commission on the Limits of the Continental Shelf

2009 ◽  
Vol 24 (2) ◽  
pp. 387-399 ◽  
Author(s):  
Christian Reichert
Keyword(s):  
United Nations ◽  
Continental Shelf ◽  
The Arctic ◽  
Law Of The Sea ◽  
Outer Continental Shelf ◽  
The Arctic Ocean ◽  
United Nations Convention ◽  
The Right

AbstractThe 1982 United Nations Convention on the Law of the Sea (LOSC) came into force in 1994. Under its provisions coastal states have the right to delineate the outer limits of the juridical continental shelf beyond 200 nautical miles. This article outlines how to provide evidence and obtain the official recommendation by the Commission on the Limits of the Continental Shelf. Examples of difficulties that may occur under particular circumstances due to complex terminology of the related LOSC provisions are described. Possible implications for the Arctic Ocean are presented.

Arctic Networks and Legal Interpretations of the UN Commission on the Limits of the Continental Shelf

2015 ◽  
Vol 28 (4) ◽  
pp. 771-797
Author(s):  
SARI GRABEN ◽  
PETER HARRISON
Keyword(s):  
United Nations ◽  
Continental Shelf ◽  
Essential Role ◽  
The Arctic ◽  
Law Of The Sea ◽  
Discursive Practices ◽  
Regulatory Frameworks ◽  
The Arctic Ocean ◽  
United Nations Convention ◽  
The United Nations

AbstractThe United Nations Commission on the Limits of the Continental Shelf is expected to play an essential role in delineating the rights of the Arctic states to seabed resources in the Arctic Ocean. In this article, the authors look to the effect of scientific discourse on Commission authority. The authors argue that in addition to the conferral of its authority by the United Nations Convention on the Law of the Sea, the Commission draws its authority in the Arctic from the way its regulatory frameworks, aimed at containing or closing off disputes about jurisdiction and sovereign rights, correlate with discursive practices used by transnational networks to reach scientific agreement.

The Concept of Brazilian Jurisdictional Waters and its Impact on the Freedom of the High Seas

2020 ◽  
Vol 35 (2) ◽  
pp. 295-324
Author(s):  
Alexandre Pereira da Silva
Keyword(s):  
United Nations ◽  
Continental Shelf ◽  
Law Of The Sea ◽  
Outer Continental Shelf ◽  
Legal Concept ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
Conceptual Evolution ◽  
High Seas

Abstract This article examines the legal concept of Brazilian jurisdictional waters (BJW), which claims jurisdiction over the superjacent waters of its outer continental shelf, and considers its impact on the freedom of the high seas. Initially, the article introduces the idea of BJW through its historical and conceptual evolution. Then, Brazilian interventions in the United Nations Conferences on the Law of the Sea and municipal legislation are analysed in an attempt to identify if Brazil had previously made such a claim. Finally, each freedom of the high seas as listed in Article 87 of the United Nations Convention on the Law of the Sea (LOSC) is evaluated in the context of BJW and the domestic laws that enforce the jurisdiction. The article concludes that the concept of BJW, together with applicable laws, is inconsistent with the LOSC.

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.

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.

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