| ID | 110908 |
| Title Proper | Effect of legal issues, actual or implicit, upon the work of the CLCS |
| Other Title Information | suspensive or without Prejudice? |
| Language | ENG |
| Author | Jia, Bing Bing |
| Publication | 2012. |
| Summary / Abstract (Note) | The mandate and working procedure of the Commission on the Outer Limits of the Continental Shelf (CLCS) are defined primarily by Article 76(8) and Annex II of the United Nations Convention on the Law of the Sea (UNCLOS). The nature of the work of this body is a mixture of technological, scientific and legal elements. The question arises in practice as to what legal effect, if any, the CLCS's recommendations will have on points of law that concern the interpretation and application of the UNCLOS. Article 76(8) and other instruments related to the CLCS's work leave certain issues undefined, such that disputes between States in the delineation of the outer limits of a continental shelf may result in limits which lack both finality and binding force. It is suggested that to avoid that situation, general acceptance by other States concerned is necessary, and that the CLCS may consider referring a legally disputed point for another competent body to determine, before it proceeds with the making of recommendations. |
| `In' analytical Note | Chinese Journal of International Law Vol. 11, No.1; Mar 2012: p.107-126 |
| Journal Source | Chinese Journal of International Law Vol. 11, No.1; Mar 2012: p.107-126 |
| Key Words | United Nations Convention on the Law of the Sea ; UNCLOS ; Commission on the Outer Limits of the Continental Shelf ; CLCS |