scholarly journals TINJAUAN ANALIS ATAS PENGATURAN WILAYAH LANDAS KONTINEN DENGAN BERLAKUNYA KONVENSI HUKUM LAUT PBB 1982

2016 ◽  
Vol 3 (1) ◽  
pp. 54
Author(s):  
Munsharif Abdul Chalim
Keyword(s):  
Continental Shelf ◽  
International Law ◽  
Geneva Convention ◽  
Developed Countries ◽  
Law Of The Sea ◽  
Shelf Area ◽  
The Status ◽  
The Law ◽  
Continental Shelf Area ◽  
The Developed Countries

Before the entry into force of UNCLOS 1982, the continental shelf area governed by Article 1 of the Convention IV Geneva Convention on Law of the Sea 1958, which was implemented by Law No. 1 of 1973. The setting through 1958 Geneva Convention on Law of the Sea benefit for the developed countries only that have the advance technology. To be able to realize the regulating of the use of the continental shelf that is equitable, it is necessary to rebuild or reconstruct the form of national law Act No. 1 In 1973 and international law in the form of the Geneva Convention on Law of the Sea 1958. Two things to note in this reconstruction is the reconstruction of value and the reconstruction of law or settings. Although UNCLOS 1982 has been in force, but the status of Indonesian Act No. 1 of 1973 still impose as the implementation of the Geneva Conventions Year 1958. Several agreements with neighboring countries are being held between the years 1969-19972, of course it is very detrimental to the Indonesia Government. Through reconstruction of national law, in this case the Law No. 1 of 1973, adjusted to international law, namely UNCLOS 1982 is expected that the  regulating of the utilization of natural resources in the continental shelf of Republic Indonesia can provide a fair arrangement. It is necessary to remember that there is a difference in perception between the Law No. 1 of 1973 with the UNCLOS 1982 in the matter of setting the area of the continental shelf.

scholarly journals SETTING THE ANALYSIS OF NATURAL RESOURCE USE IN CONTINENTAL AREAS OF INDONESIA BY APPLICABILITY CONVENTION LAW OF PBB 1982

2018 ◽  
Vol 2 (2) ◽  
pp. 138
Author(s):  
Abdul Munsharif
Keyword(s):  
Continental Shelf ◽  
Geneva Convention ◽  
Developed Countries ◽  
Advanced Technology ◽  
Law Of The Sea ◽  
Shelf Area ◽  
The Status ◽  
The Law ◽  
Continental Shelf Area ◽  
The Developed Countries

Before the entry into force of UNCLOS in 1982, the continental shelf area governed by Article 1 of the Convention IV Geneva Convention on the Law of the Sea in 1958, which was implemented a by Act No. 1 of 1973. The setting through 1958 Geneva Convention on the Law of the Sea benefit only for the developed countries that have the advanced technology. Although UNCLOS 1982 has been in force, but the status of Indonesian Act No. 1 of 1973 still impose as the implementation of the Geneva Conventions Of 1958. Several agreements with neighboring countries are being held between the years 1969- 19972, of course it is very detrimental to the Indonesian Government. In this case the Act No. 1 of 1973, adjusted to international law, namely UNCLOS in 1982 is expected that the regulating of the utilization of natural resources in the continental shelf of Republic Indonesia can provide a fair arrangement. It is Necessary to remember that there is a difference in perception between the Act No. 1 of 1973 with the UNCLOS in 1982 in the matter of setting the area of the continental shelf.

The Geneva Convention on the Continental Shelf: A First Impression

1958 ◽  
Vol 52 (4) ◽  
pp. 733-738 ◽  
Author(s):  
Richard Young
Keyword(s):  
United Nations ◽  
Continental Shelf ◽  
International Law ◽  
Geneva Convention ◽  
Law Of The Sea ◽  
Great Effort ◽  
First Impression ◽  
The Subject ◽  
The United Nations ◽  
The Law

The Convention on the Continental Shelf, adopted at Geneva on April 26, 1958, by the United Nations Conference on the Law of the Sea, represents the first great effort to determine by an act of international legislation the scope of the continental shelf doctrine in international law. The fact that the Convention was finally approved by a vote of 57 to three, with only eight abstentions, is evidence both that a need for rules on the subject was generally felt and that the rules embodied in the Convention were considered on the whole acceptable.

Svalbard's Maritime Zones: The End of Legal Uncertainty?

2009 ◽  
Vol 24 (1) ◽  
pp. 141-161 ◽  
Author(s):  
Torbjørn Pedersen ◽  
Tore Henriksen
Keyword(s):  
Continental Shelf ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Shelf Area ◽  
Svalbard Archipelago ◽  
Coastal State ◽  
Legal Uncertainty ◽  
Economic Zone ◽  
The Law ◽  
Continental Shelf Area

AbstractThis paper argues that Norway, by fixing the extension of the continental shelf around the Svalbard archipelago according to criteria set by the Law of the Sea Convention, may see an end to some of the legal controversies regarding the maritime zones around Svalbard. The process of determining the outer limits of the continental shelf area adjacent to Svalbard is adduced as supporting the view that Norway is entitled to establish maritime zones around the archipelago, including an exclusive economic zone. It does not settle whether the provisions of the Svalbard Treaty apply to such zones, but is adduced as supporting the view that Norway may exercise coastal state jurisdiction in these areas.

Jurisdiction Over Foreign Merchant Ships in the Territorial Sea: An Analysis of the Geneva Convention on the Law of the Sea

1961 ◽  
Vol 55 (1) ◽  
pp. 77-96
Author(s):  
Luke T. Lee
Keyword(s):  
United Nations ◽  
International Law ◽  
Geneva Convention ◽  
Law Of The Sea ◽  
Vast Number ◽  
Scant Attention ◽  
The United Nations ◽  
The Law

The conclusion of the United Nations Conference on the Law of the Sea in 1958 has occasioned many commentaries by authorities on international law. Scant attention, however, has been paid to that part of the Conference dealing with jurisdiction over foreign merchant ships in the territorial sea. This is surprising in view of the centuries-old controversy affecting the interests of a vast number of ship-owners and seafarers. Indeed, the importance of the width of the territorial sea would not have assumed such serious proportions but for the fact that its determination would secure for the coastal states jurisdiction over a specific portion of the sea.

Illegal Southern Ocean Fishing And Prompt Release: Balancing Coastal And Flag State Rights And Interests

2004 ◽  
Vol 53 (1) ◽  
pp. 171-187 ◽  
Author(s):  
Donald R Rothwell ◽  
Tim Stephens
Keyword(s):  
Continental Shelf ◽  
International Law ◽  
Geneva Convention ◽  
Law Of The Sea ◽  
Sea Bed ◽  
The World ◽  
United Nations Convention ◽  
State Rights ◽  
And Control ◽  
High Seas

A feature of the new law of the sea introduced by the 1982 United Nations Convention on the Law of the Sea (LOS Convention),1 was the capacity for coastal states to assert vast maritime claims over waters adjacent to their coastlines. A continental shelf could be claimed out to a minimum of 200 nautical miles,2 while the newly recognized Exclusive Economic Zone (EEZ) also extended out to 200 nautical miles.3 The continental shelf had previously been recognized under the 1958 Geneva Convention on the Continental Shelf4 and so the extension of coastal state sovereign rights over the seabed and subsoil was consistent with already existing law of the sea principles. However the EEZ, which gave to coastal states sovereign rights over the living and non-living resources of the sea-bed and adjacent waters,5 was a new initiative of the LOS Convention and represents one of the most significant contemporary expansions of state sovereignty. By contrast with the extended continental shelf, which did not affect any significant pre-existing activities on the sea-bed, the new EEZ had a major impact upon fishing activities. As coastal states around the world eagerly proclaimed EEZs, waters previously considered high seas areas available for fishing6 were now within the reach of state fisheries’ jurisdiction and control. The result has been that under contemporary international law those waters available for the exercise of the high seas ‘freedom’ of fishing,7 have gradually been reduced. This new regime, in combination with parallel initiatives to regulate some aspects of high seas fishing activities, has meant that ‘legal’ fishing on the high seas is now subject to extensive regulation.

THE LEGAL REGIME OF WRECKS OF WARSHIPS AND OTHER STATE-OWNED SHIPS IN INTERNATIONAL LAW: THE 2015 RESOLUTION OF THE INSTITUT DE DROIT INTERNATIONAL

2016 ◽  
Vol 25 (1) ◽  
pp. 179-200
Author(s):  
Sarah Dromgoole
Keyword(s):  
International Law ◽  
Preliminary Report ◽  
Law Of The Sea ◽  
Legal Regime ◽  
Considerable Uncertainty ◽  
Technological Advances ◽  
The Status ◽  
The Law ◽  
Droit International

The status in international law of operational warships and other ships used only on governmental non-commercial service has been long established. In contrast, the status of such vessels after they have sunk has been, and remains, a matter of considerable uncertainty. The uncertainty arises in no small part from the absence of any provision in the 1982 UN Convention on the Law of the Sea relating to sunken State vessels or, indeed, to wrecks more generally. Over the last 30 years, technological advances have led to the discovery of many new wreck sites, fuelling international interest in the status of sunken State wrecks. At its Santiago Session in 2007, the Institut de droit international established its 9th Scientific Commission to look into the matter. A Preliminary Report, drafted by the Commission’s Rapporteur, Professor Natalino Ronzitti, was discussed at the Rhodes Session in 2011 and, after further deliberations, a Resolution entitled “The Legal Regime of Wrecks of Warships and Other State-Owned Ships in International Law” was adopted by the Tallinn Session in August 2015. This contribution sets out the background to the work of the 9th Commission, outlines the substance of the Resolution, and offers some observations thereon.

Introductory Note

2019 ◽  
pp. 421-428
Author(s):  
Tullio Treves
Keyword(s):  
Continental Shelf ◽  
International Law ◽  
Cote D'ivoire ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
International Tribunal ◽  
Customary International Law ◽  
Introductory Note ◽  
Economic Zone ◽  
The Law

This Note focuses on the Judgment handed out by a special Chamber of the International Tribunal for the Law of the Sea (ITLOS) in a dispute concerning delimitation of maritime areas between Ghana and Cote d’Ivoire. This is the only decision of substance of ITLOS during 2017. Among the elements of particular interests of the Judgment the following should be noted. First, the consideration and rejection of the argument that oil concession practice may constitute a tacit agreement. Second, the reliance, however limited to this case, as regards delimitation of the territorial sea on the same methodology used for the delimitation of the exclusive economic zone and the continental shelf, namely, the equidistance/relevant circumstances methodology. Third, the distinction between the function of the Chamber in delimiting the continental shelf beyond 200 nm and that of the Commission on the Limits of the Continental Shelf in delineating the outer limits of the shelf. Fourth, the examination of the question of whether the Chamber had jurisdiction to decide on questions of responsibility, and of the applicability of customary international law thereto. Fifth, the statement that to adjudicate on the claim that Ghana had contravened the Chamber’s Order on provisional measures belonged to the Chamber’s “inherent competence”. Sixth, the analysis of the regime of contested areas in light of Article 83 of UNCLOS.

The Issues Concerning the Continental Shelf: Reflections

2015 ◽  
Vol 17 (1) ◽  
pp. 95-115 ◽  
Author(s):  
Anthony Lucky
Keyword(s):  
Natural Gas ◽  
United Nations ◽  
Continental Shelf ◽  
Geneva Convention ◽  
Law Of The Sea ◽  
Technological Advancement ◽  
Exploration And Exploitation ◽  
Oil And Natural Gas ◽  
United Nations Convention ◽  
The Law

The concept and the process of development of the regime of the continental shelf began in the 1930s when the exploration for oil and natural gas extended to the submarine areas of some coastal states. An orderly process was prescribed in the Gulf of Paria Treaty of 1942. The doctrine of the Continental shelf received an impetus in the Truman Proclamation of 1945. In light of the unilateral declarations by coastal states, and to ensure an orderly process, States concluded the 1958 Geneva Convention on the Law of the Sea. The 1982 United Nations Convention on the Law of the Sea codified the existing laws and is still in force. In this age of rapid technological advancement, the law has provided the necessary guidelines and controls for orderly exploration and exploitation in the continental shelf and will continue to keep abreast of technological advancement.

The Continental Shelf Regime in the Law of the Sea Convention: A Reflection on the First Thirty Years

2012 ◽  
Vol 27 (4) ◽  
pp. 743-751 ◽  
Author(s):  
Ted L. McDorman
Keyword(s):  
United Nations ◽  
Continental Shelf ◽  
Geneva Convention ◽  
Law Of The Sea ◽  
Legal Regime ◽  
Outer Limit ◽  
United Nations Convention ◽  
The Law

Abstract The international legal regime of the continental shelf was largely adopted in the 1982 United Nations Convention on the Law of Sea without change from that in the 1958 Geneva Convention on the Continental Shelf. What was added in the 1982 Convention was that all States have a legal shelf out to 200 nautical miles (nm) and that beyond 200 nm there is a formula and process for States to establish their outer limit of the shelf. Amongst the several developments that have taken place in the last 30 years respecting the continental shelf regime noted in this article, the most surprising is the number of States that have indicated that they have an area of shelf beyond 200 nm, which far exceeds the number of States seen in 1982 as having such a possibility.

Singapore

2018 ◽  
Vol 33 (4) ◽  
pp. 836-846
Author(s):  
Millicent McCreath
Keyword(s):  
Climate Change ◽  
International Law ◽  
Sea Level Rise ◽  
Sea Level ◽  
Dispute Settlement ◽  
Law Of The Sea ◽  
National University ◽  
The Status ◽  
The Law

Abstract This article summarises and discusses the main issues addressed at the conference hosted by the Centre for International Law at the National University of Singapore in March 2018 on Climate Change and the Law of the Sea: Adapting the Law of the Sea to Address the Challenges of Climate Change. The conference covered topics including the status and entitlement of offshore features, impacts of sea-level rise on baselines, the content of the LOSC climate change obligations, climate change dispute settlement under the LOSC, and possible ways to develop or adapt the LOSC to address the challenges of climate change.

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