Submissions to the Commission on the Limits of the Continental Shelf in Cases of Unresolved Land and Maritime Disputes: The Significance of Article 76(10) of the Convention on the Law of the Sea

2006 ◽  
pp. 161-179
Author(s):  
Constance Johnson ◽  
Alex G Oude Elferink
2011 ◽  
Vol 26 (3) ◽  
pp. 355-383 ◽  
Author(s):  
Andrew Serdy

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.


Author(s):  
Shani Friedman

Abstract This article seeks to contribute to the emerging literature concerning the application of belligerent occupation in maritime zones of the occupied State. It supports the approach that the law of occupation and the law of the sea apply simultaneously in case of occupation of coastal States, offering a new perspective on the jurisdiction of the occupying power to exploit marine resources in the occupied State’s continental shelf and exclusive economic zone. This perspective highlights some issues that have been ignored in the literature thus far to better understand the rights and obligations of the relevant Parties with respect to maritime zones of the occupied State.


2013 ◽  
Vol 28 (4) ◽  
pp. 615-679
Author(s):  
Barbara Kwiatkowska

Abstract This is the second part of a two-part article surveying state practice regarding Disputed and Unresolved Maritime Boundary Delimitations or Other Land or Maritime Disputes under the Rules of the Commission on the Limits of the Continental Shelf (CLCS). It reviews basic principles and the interpretation of the 1982 UN Law of the Sea Convention and the CLCS Rules. As the 2006 Barbados/Trinidad and Tobago Award and the 2012 ITLOS Bangladesh v. Myanmar Judgment reaffirmed, the CLCS Recommendations must in no way prejudice existing and prospective boundary delimitations, nor must they prejudice other land or maritime disputes. All practical means of giving effect to such “without prejudice” principles are carefully analysed. Part One covers Latin America and the Wider Caribbean, Northeast and Southeast Asia, and the South Pacific. The present Part Two covers South Asia and the Middle East, East Africa-Indian Ocean, South Africa, West Africa and North Africa.


2017 ◽  
Vol 20 (1) ◽  
pp. 36-70
Author(s):  
Paula M. Vernet

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.


Author(s):  
Gerald R. Ottenheimer

The uncertainty surrounding the outcome of the imminent Law of the Sea Conference is inevitable in the light of the lack of consensus on many of the most pressing problems of ocean law. Nowhere is this lack of agreement more evident than in the law regulating the world’s fishery resources.During the past few years the attention of international lawyers and experts in related disciplines has been focused on the crucial considerations of continental shelf and ocean bed resources. Yet the legal problems related to international fisheries persist and increase.


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