The Continental Shelf Beyond 200 Nautical Miles

Under the United Nations Law of the Sea Convention, States have sovereign rights over the resources of their continental shelf out to 200 nautical miles from the coast. Where the physical shelf extends beyond 200 nautical miles, States may exercise rights over those resources to the outer limits of the continental shelf. More than 80 States may be entitled to claim sovereign rights over their continental shelf where it extends beyond 200 nautical miles from their coast, and the Commission on the Limits of the Continental Shelf is currently examining many of these claims. This book examines the nature of the rights and obligations of coastal States in this area, with a particular focus on the options for regulating activities on the extended continental shelf. Because the extended continental shelf lies below the high seas, the area poses unique legal challenges for coastal States that are different from those faced in respect of the shelf within 200 nautical miles. In addition, the United Nations Convention on the Law of the Sea imposes some specific obligations that coastal States must comply with in respect of the extended continental shelf. The book discusses the development of the concept of the extended continental shelf. It explores a range of issues facing the coastal State in regulating matters such as environmental protection, fishing, bioprospecting, exploitation of non-living resources and marine scientific research on the extended continental shelf. The book proposes a framework for navigating the intersection between the high seas and the extended continental shelf and minimising the potential for conflict between flag and coastal States.

In The Continental Shelf Beyond 200 Nautical Miles Bjarni Már Magnússon explores various aspects of the establishment of the outer limits of the continental shelf beyond 200 nautical miles and its interplay with maritime boundary delimitations.

The Continental Shelf Delimitation Beyond 200 Nautical Miles provides an up-to-date and informed analysis of the now fast developing, yet confusing, field of the law of maritime delimitation. It examines the procedural matters in relation to the competence of international courts and tribunals in the light of the institutional framework of the United Nations Convention on the Law of the Sea and discusses the methodological questions arising out of the delimitation process. The book engages with the key concepts of maritime entitlement, delineation and delimitation with a view to developing a coherent and consistent approach to the delimitation of the continental shelf beyond 200 nautical miles. Essentially, it argues that the delimitation of the continental shelf will be unified with existing maritime delimitation, and a common approach to maritime boundary-making within and beyond 200 nautical miles is likely to emerge.

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.

"The last two decates witness a burgeoning interest in the continental shelf beyond 200 nautical miles (nm). The number of submissions concerning the delineation of the outer limits of the continental shelf to the Commission on the Limits of the Continental Shelf (CLCS) far exceeds the original anticipation of the Third United Nations Convention on the Law of the Sea (UNCLOS III), and coastal States increasingly request international courts and tribunals to delimit the continental shelf beyond 200 nm in addition to maritime zones within 200 nm. The Bangladesh/Myanmar case decided by the International Tribunal for the Law of the Sea (ITLOS) inaugurated the judicial process of delimiting the continental shelf beyond 200 nm, and in the following years cases concerning the continental shelf beyond 200 nm were launched before the International Court of Justice (ICJ) and Annex VII tribunals under United Nations Convention on the Law of the Sea (UNCLOS) as well"--

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.

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.