Legal And Scientific Aspects Of Continental Shelf Limits

The legal and scientific aspects of continental shelf limits are of growing importance to those concerned with the international law of the sea. It is rare that the current thinking of both leading lawyers and scientists are brought together in one volume. Among the topics raised in this volume are: geomorphology and geology; ridge issues; Commission on the Limits of the Continental Shelf; shelf resources and current issues, such as the outer limit of the continental shelf in the Arctic Ocean, evaluating U.S. data holdings relevant to the definition of continental shelf limits, delimiting China’s continental shelves and future directions of the International Seabed Authority. Lastly, the Under Secretary General for Legal Affairs, United Nations, H.E. Hans Corell, provides a strategic overview on the challenges in implementing international ocean governance. Another unique feature of the volume is that a CD is placed in the back cover containing visual materials not included in the printed text.

Article 76 of the United Nations Convention on the Law of the Sea lays down the rules and regulations governing claims to a continental shelf beyond 200 nautical miles for the 130 coastal States and entities that have ratified or acceded to it. This book is designed to help those coastal States implement the provisions of Article 76, covering the technical issues involved and explaining the interface between the legal concepts contained within the article. It covers all aspects that will have to be considered by a coastal State if it wishes to make a claim under the Convention, including the characteristics of continental margins, distance determination, bathymetric data collection. geological and geophysical techniques, and boundary conditions.

A. The Outer Limits of the Continental Shelf The 1982 United Nations Convention on the Law of the Sea (herein- ter the “Convention”) marks the beginning of a new era in the law of 1 the sea. The negotiations for this treaty at the Third United Nations Conference for the Law of the Sea (hereinafter “UNCLOS III”), lasted for nine years, from 1973 to 1982. The Convention regulates the principal aspects of international oceans affairs. It establishes and fixes the limits of maritime zones, provides for the rights and duties of states in these zones, establishes the law app- cable in the international seabed area on the basis of the principle of common heritage of mankind, imposes obligations on states to protect the marine environment, and provides for the means of dispute sett- ment. One of the most contentious and divisive issues at UNCLOS III were the outer limits of the continental shelf. Previously, in the 1958 Con- 2 vention on the Continental Shelf (hereinafter the “1958 Convention”), no limits were established for the continental shelf. States were allowed to claim areas of continental shelves based on their capacity to exploit the mineral resources of the shelf. The legal framework in the 1958 Convention would obviously conflict with the principle of the common heritage of mankind. Delegates realized that limits have to be est- lished, but up to where and on the basis of which principles, was a c- tentious question.

As the world’s coastal states go about dividing up the ocean floor, the work of the Commission on the Limits of the Continental Shelf plays an increasingly important role. The Commission on the Limits of the Continental Shelf: Law and Legitimacy examines the Commission from two different but interrelated perspectives: a legal analysis of the Commission’s decision-making; and a study of normative legitimacy related to the Commission and its procedures. Insights into the history of the development of the concept of the continental shelf in the law of the sea are offered, including an explanation of how the institutionalized method for ascertaining continental shelf limits in the UN Convention on the Law of the Sea came into being. Through a deep-ranging analysis of the Commission and its work, the book introduces a framework for assessing best practices, and will serve as a useful reference for academics, scientists and policymakers alike.

The legal regime established by the United Nations Law of the Sea Convention for the delineation of the outer limits of the extended continental shelf combines both legal and scientific concepts, rendering its interpretation challenging to both legal practitioners with no scientific background, and marine scientists with no legal training. For this reason, the present Manual covers, to the extent possible, all relevant legal, scientific, logistical and procedural aspects of the delineation of the outer limits of the extended continental shelf in its nine modules. Publishing Agency: United Nations (UN).

In Establishing Continental Shelf Limits Beyond 200 Nautical Miles by the Coastal State: A Right of Involvement for Other States?, Busch discusses the possibilities for States other than the coastal State to intervene in the process of establishing final and binding continental shelf limits.

New Knowledge and Changing Circumstances in the Law of the Sea focuses on the challenges posed to the existing legal framework, in particular the United Nations Convention on the Law of the Sea, and the various ways in which States are addressing these challenges.