The Outer Limits Of The Continental Shelf

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.

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.

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.

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.

Now in its 15th year, "The NILOS Documentary Yearbook" provides the reader with an excellent collection of documents related to ocean affairs and the law of the sea, issued each year by organizations, organs and bodies of the United Nations system. Documents of the UN General Assembly, Meeting of State Parties to the 1982 UN Law of the Sea Convention, CLCS, ISBA, ITLOS, Follow-Up to the UN Straddling Fish Stocks and Small Island States Conferences, ECOSOC, UNEP, and UNCTAD are included first, followed by the documents of FAO, IAEA, IMO, and UNESCO/IOC. As in the previous volumes, documents which were issued in the course of 1999 are reproduced, while other relevant documents are listed. "The NILOS Documentary Yearbook" has proved to be of invaluable assistance in facilitating access by the community of scholars and practitioners in ocean affairs and the law of the sea to essential documentation. The entry of the 1982 UN Law of the Sea Convention into force on 16th November 1994 and of the Part XI Agreement on 28 July 1996, and progress in the implementation of Chapter 17 of Agenda 21, to be assessed at the 2002 Johannesburg World Summit, make continuation of this assistance of particular significance in the years to come. The members of the Yearbook's Advisory Board are: Judges Abdul Koroma and Shigeru Oda of the ICJ, Judges Thomas Mensah, Dolliver Nelson, and Tullio Treves of the ITLOS, as well as Rosalie Balkin, Edward Brown, Lee Kimball, Bernard Oxman, and Shabtai Rosenne.