The Law Applicable on the Continental Shelf and in the Exclusive Economic Zone: The United States Perspective

2011 ◽  
Vol 25 (1) ◽  
pp. 445-474
Author(s):  
Rachael E. Salcido
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.


2011 ◽  
Vol 25 (1) ◽  
pp. 411-434
Author(s):  
Maria Dragun-Gertner ◽  
Zuzanna Peplowska ◽  
Dorota Pyć

1977 ◽  
Vol 71 (4) ◽  
pp. 642-673 ◽  
Author(s):  
Donald E. Karl

This article examines one of the recurring problems in the law of the sea—the treatment of islands in the delimitation of the continental shelf between opposite and adjacent states—in light of developments at the Third UN Conference on the Law of the Sea, in particular, the adoption of “equitable principles” as the standard for delimitation of the continental shelf and exclusive economic zone between adjacent and opposite states. On the assumption that the content of these equitable principles may be derived from contemporary state practice in maritime delimitations, this state practice is used as a basis for the construction of an analytical model of the continental shelf problem of islands. This model relies primarily on an island's relative location and secondarily on its relative size with respect to the delimiting states. It provides a framework for determining how an island should be treated in a given delimitation. Though the model is, out of necessity, based upon state practice in continental shelf delimitations, the premises underlying the model are not so limited and thus the general principles derived from this analysis will have an important bearing on the new problem of the delimitation of the exclusive economic zone.


Sign in / Sign up

Export Citation Format

Share Document