Assessment of Canada’s continental shelf beyond 200 NM

GEOMATICA ◽  
2020 ◽  
Vol 74 (2) ◽  
pp. 33-45
Author(s):  
David H. Gray
Keyword(s):  
United Nations ◽  
Continental Shelf ◽  
Historical Development ◽  
Exclusive Economic Zone ◽  
Continental Shelves ◽  
Economic Zone ◽  
The United Nations ◽  
Legal Jurisdiction

Since 1945, the legal jurisdiction off the coasts of States has changed from being a 3 mile territorial sea to a series of bands of territorial sea, contiguous zone, exclusive economic zone, and continental shelf. The paper summarizes the historical development of these zones. Now that Canada has submitted its claim for continental shelves beyond the 200 nautical mile (NM) limit to the United Nations’ Commission on the Limits of the Continental Shelf (CLCS), the author calculates estimates for the size of Canada’s continental shelf beyond 200 NMs in both the Atlantic and Arctic Oceans and assesses the effect of the counter-claims by its neighboring States.

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.

scholarly journals Lietuvos jūros erdvių delimitavimo teoriniai ir praktiniai aspektai

Teisė ◽  
2009 ◽  
Vol 70 ◽  
pp. 51-66
Author(s):  
Zenonas Kumetaitis ◽  
Indrė Isokaitė
Keyword(s):  
United Nations ◽  
Continental Shelf ◽  
Russian Federation ◽  
Theory And Practice ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
The Russian Federation ◽  
United Nations Convention ◽  
Economic Zone ◽  
The Republic

Straipsnyje nagrinėjama viena iš aktualiausių tarptautinės jūrų teisės temų – jūros erdvių delimitavimo klausimai. Lietuvos teritorinės jūros, kontinentinio šelfo ir išskirtinės ekonominės zonos delimitavimo as­pektai atskleidžiami delimitavimo teorijos ir praktikos kontekste. Delimitavimo klausimai nagrinėjami atliekant išsamią šiuolaikinės, taip pat prieškarinės jūros erdvių delimitavimo teorijos ir praktikos analizę, detaliai aptariant delimitavimą reglamentuojančias Jungtinių Tautų jūrų teisės konvencijos nuostatas, visapusiškai atskleidžiant esminių delimitavimo principų ir reikalavimų – teisingumo, „neužgožimo“ ir kt. – esmę, pateikiant nuoseklų derybų su Rusijos Federacija, Latvijos Respublika ir konsultacijų su Švedijos Karalyste dėl teritorinių vandenų, išskirtinės ekonominės zonos ir kontinentinio šelfo delimitavimo Baltijos jūroje aptarimą bei parodant priimtų sprendimų ryšį su tarptautine delimitavimo teorija ir praktika. The Article deals with one of the most important topics in International Sea Law, i.e. the issues of delimi­tation of maritime zones. The aspects of the delimitation of the territorial sea, continental shelf and the exclusive economic zone of Lithuania are revealed in the light of the relation between the delimitation theory and practice. The provided research on the delimitation issues is based on the detailed analysis of the modern delimitation theory and practice as well as of that effective in the pre-war period, on the comprehensive consideration of the provisions of the United Nations Convention on the Law of the Sea regulating delimitation, on the disclosure of the essence of the key delimitation principles and requi­rements such as equity, avoidance of a “cut-off” effect etc., on a consistent overview of the Lithuania’s negotiations with the Russian Federation and the Republic of Latvia as well as consultations with the Kingdom of Sweden regarding the delimitation of the territorial waters, exclusive economic zone and continental shelf, and also on the revealed relation between the reached delimitation decisions and in­ternational delimitation theory and practice.

Marine Scientific Research in Japan’s Practice

2021 ◽  
Vol 9 (2) ◽  
pp. 281-293
Author(s):  
Sookyeon Huh
Keyword(s):  
United Nations ◽  
Scientific Research ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Legal Instrument ◽  
Domestic Legislation ◽  
State Practice ◽  
United Nations Convention ◽  
Economic Zone ◽  
The United Nations

Abstract This article examines Japan’s state practices on marine scientific research (MSR). The survey of state practices requires the discernment of generalisability and particularity in each state practice. There are two points to note while considering the generalisabilities and particularities in Japan’s practices: first, Japan oversees MSR activities in its waters according to a non-legal instrument or a guideline, unlike neighbouring countries that use domestic legislation in MSR upon ratifying the United Nations Convention on the Law of the Sea; second, Japan faces quite a few MSR incidents in its undelimited exclusive economic zone. Thus, this article covers an outline of Japan’s guideline, its response to illegal or unregulated MSR activities in its waters, its relationships with neighbouring countries, and the failure of its attempt to legislate the MSR Law in 2007.

Marine Scientific Research and the Argo Program: International Law Regulation

10.12737/4827 ◽  
2014 ◽  
Vol 2 (7) ◽  
pp. 82-94
Author(s):  
Юлия Боброва ◽  
Yuliya Bobrova ◽  
Владимир Голицын ◽  
Vladimir Golitsyn
Keyword(s):  
United Nations ◽  
Continental Shelf ◽  
International Law ◽  
Scientific Research ◽  
Legal Aspects ◽  
Exclusive Economic Zone ◽  
Executive Secretary ◽  
National Jurisdiction ◽  
Economic Zone ◽  
High Seas

The article is devoted to the consideration of an issue of “marine scientific research” as it is regulated under international law and the applicable Russian legislation. Particular attention is paid to the analysis of the relevant provision of the 1982 United Nations Convention on the Law of the Sea (hereinafter UNCLOS) governing the conduct of marine scientific research in territorial sea, exclusive economic zone, continental shelf, the international seabed area beyond national jurisdiction, high seas. The article is outlined the general principles of the conduct of marine scientific research which shall be conducted exclusively for peaceful purposes. Draws attention to marine scientific research in the exclusive economic zone and on the continental shelf which shall be conducted with the consent of the coastal State. Emphasis is made on the analysis of legal aspects of the Argo Programme, launched for the purpose of conducting marine scientific research with the use of drifting buoys. The article considers practical and legal issues that arise in connection with the adoption in light of the relevant provisions of UNCLOS of the of international documents related to the Argo Programme, namely: Resolution XX-6 of the Assembly of the Intergovernmental Oceanographic Commission of the United Nations Educational, Scientific and Cultural Organization (1999); the Guidelines for the Implementation of Resolution XX-6 of the IOC Assembly regarding the deployment of profiling floats in the High Seas within the framework of the Argo Programme (2008). In accordance with it, an IOC Member State must be informed in advance of the deployment in the High Seas of any float within the framework of the Argo Programme that may enter its EEZ. In implementing this provision, the Executive Secretary of IOC will invite all IOC Member States to state that they wish to be notified of it. In this light, denotes the position of the Russian Federation on the Argo Programme as marine scientific research and its wish to be notified of the deployment in the High Seas of all Argo Programme floats that may enter its EEZ.

Foreign Military Activities in the Exclusive Economic Zone: Remarks on the Applicability and Scope of the Reciprocal ‘Due Regard’ Duties of Coastal and Third States

2019 ◽  
Vol 34 (1) ◽  
pp. 97-116
Author(s):  
Ioannis Prezas
Keyword(s):  
United Nations ◽  
The Other ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Other Hand ◽  
United Nations Convention ◽  
Economic Zone ◽  
The United Nations ◽  
The Law

Abstract This study examines the applicability and scope of the reciprocal ‘due regard’ duties imposed upon coastal and third states by the United Nations Convention on the Law of the Sea in the field of military activities in the exclusive economic zone (EEZ). The applicability of these duties depends on the existence of a right of third states to conduct military activities in the EEZ of another state. Still, this preliminary issue remains extremely controversial because the rules established by the Convention do not offer any clear guidance. On the other hand, if such a right is recognized in abstracto and thus the applicability of the ‘due regard’ duties is triggered, an enquiry into the potential procedural and substantive scope of these duties is necessary to understand how conflicts between this right and coastal states’ rights and jurisdiction should be resolved in concreto.

scholarly journals Mapping ocean-state Mauritius and its unlaid ghosts: Hydropolitics and literature in the Indian Ocean

2020 ◽  
Vol 32 (1-2) ◽  
pp. 117-131
Author(s):  
Kumari Issur
Keyword(s):  
Indian Ocean ◽  
United Nations ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
The Indian Ocean ◽  
United Nations Convention ◽  
Economic Zone ◽  
The United Nations ◽  
The Law ◽  
The Republic

In the wake of what has been termed “the scramble for the oceans,” the Republic of Mauritius lodged an application in 2012 with the United Nations Convention on the Law of the Sea (UNCLOS) to recognize its rights to an Exclusive Economic Zone that comprises a large expanse of the Indian Ocean, and subsequently redefined itself as an ocean-state. This new configuration raises as many issues as it answers. The Indian Ocean remains firmly central both to Mauritian history and to its imaginary. All at once, the endless fluidity of the ocean renders material traces and academic archeology harder, yet somehow it traps and sediments memory and meaning in some ways more profoundly than land. This article bores and drills into the historical, geopolitical, and ontological depths of ocean-state Mauritius with the figure of the ghost as motif, metaphor, and witness.

scholarly journals Penegakan Hukum Di Zona Ekonomi Eksklusif Indonesia (Zeei) Dalam Rangka Kepentingan Nasional Indonesia Di Bidang Kelautan

2022 ◽  
Vol 4 (2) ◽  
pp. 26
Author(s):  
Bambang S. Irianto
Keyword(s):  
United Nations ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Legal Principles ◽  
Fishing Vessels ◽  
United Nations Convention ◽  
Economic Zone ◽  
The United Nations ◽  
The Law ◽  
Legal Concepts

This research is classified as normative legal research. The approach used is the statute approach, legal principles, legal theories, legal concepts. The juridical approach in this research is a problem approach based on the applicable laws and regulations, while the normative approach is a problem approach that examines the law in law so that conclusions can be drawn that are logical, coherent and systematic. Case Approach with the case approach is done by examining cases related to the issue at hand, and has become a decision that has permanent legal force.The results of the study show that there is still inconsistency in law enforcement in the EEZ for fishery potential by the Indonesian Navy in the Exclusive Economic Zone (EEZ), Indonesia is based on the United Nations convention regarding the Law of the Sea in 1982 with Law Number 17 of 1985 concerning legalization. on the United Nations Convention on the Law of the Sea (UNCLOS) and Law Number 45 of 2009 concerning Fisheries. Illegal fishing still occurs in the Indonesian Exclusive Economic Zone by foreign vessels, which is caused by weak patrols in the ZEEI area and is supported by the opening of the ZEEI area, the patrol vessels are less modern to compete with foreign fishing vessels, and the fish resources that are in the ZEEI have not been exploited by Indonesian fishermen according to Law No. 45 of 2009 concerning Fisheries is carried out by legal proceedings and is tried in court, and is sentenced to a sentence which is usually a fine. In the event that a prison sentence is allowed.  

Not Quite a Sure Thing: The Maritime Areas of Rocks and Low-Tide Elevations Under the UN Law of the Sea Convention

2004 ◽  
Vol 19 (1) ◽  
pp. 43-69 ◽  
Author(s):  
Roberto Lavalle
Keyword(s):  
United Nations ◽  
Continental Shelf ◽  
Economic Life ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Coastal State ◽  
Human Habitation ◽  
United Nations Convention ◽  
Economic Zone ◽  
Do So

AbstractThis article deals with the entitlements to maritime areas of what the United Nations Convention on the Law of the Sea calls "rocks" and the features known as "low-tide elevations". The former are islands that "cannot sustain human habitation or economic life of their own". Low-tide elevations are features that would be islands were they not submerged at low tide. Islands other than rocks generate the five maritime areas for which the Convention provides, i.e. internal waters, territorial sea, contiguous zone, exclusive economic zone and continental shelf. The two features dealt with, which generate no maritime areas other than the first three, do so either on their own or as supports for straight baselines. The article studies these entitlements, together with the problems they raise, in either mode and in the contexts of both the normal coastal state and the archipelagic state.

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