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ID:
152202
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| Summary/Abstract |
Although most provisions of the United Nations Convention on the Law of the Sea are regarded customary international law and the United States views most of its provisions as such, the outsider status of the United States causes problems in some areas, especially concerning the continental shelf beyond 200 nautical miles. This article asks whether it is possible for the United States to establish the outer limits of its continental shelf beyond 200 nautical miles in line with international law without becoming a state party to the convention, and if that is possible, how could the United States proceed?
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| 2 |
ID:
163091
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| Summary/Abstract |
Seafloor highs can be grouped into three legal categories: (i) oceanic ridges; (ii) submarine ridges; and (iii) submarine elevations. The Commission on the Limits of the Continental Shelf recognizes that the foot of slope serves as the qualifier to distinguish oceanic ridges from the two other categories. The Commission established a view that the sole qualifier for a submarine ridge is its morphological continuity with the continental margin. A submarine elevation needs also to share geological characteristics with the rest of the continental margin. Recent recommendations suggest that the Commission may have complicated its view in this respect.
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| 3 |
ID:
131369
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| Publication |
2014.
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| Summary/Abstract |
This article analyses the characteristics of the Commission on the Limits of the Continental Shelf as an international decision-making institution in the process of establishing the seaward limits of the continental shelf beyond 200 nautical miles from the baselines of the territorial sea under Article 76 of the 1982 UN Convention on the Law of the Sea. The Commission may be compared to scientific bodies established to give advice relating to the implementation of treaty provisions. However, in the exercise of its functions, the Commission also performs legal-administrative tasks, and its recommendations to individual coastal states entail significant legal effects; for instance, as a means of interpretation under the Vienna Convention on the Law of Treaties. The Commission's functions and competencies must be taken into account in classifying and understanding this unique international institution.
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| 4 |
ID:
145650
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| Summary/Abstract |
Comparative studies of the Recommendations of the Commission on the Limits of the Continental Shelf in regard to the identification of the base of the continental slope region on submarine fans arguably reveal discrepancies in the approach utilized by the Commission. The base of slope off Norway was identified on the basis of a geomorphological analysis with the support of geological and geophysical data in addition to bathymetric and morphological data. Contrariwise, in the case of Brazil it appears that the absolute values of the seafloor gradients on the slope and rise are guiding the Commission's appreciation of the base of slope region.
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| 5 |
ID:
173427
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It is clear from the plain words of the Article 76, paragraph 10, of the UN Convention on the Law of the Sea that the questions involving the outer limits of the continental shelf beyond 200 nautical miles are without prejudice to the question of delimitation of the continental shelf between states with opposite or adjacent coasts. However, the two processes impact each other, which gives rise to more complex dynamics than may be perceived from a cursory reading of Article 76. This article explores the relationship between the two separate but inherently related processes in light of the relevant jurisprudence and doctrinal commentaries thereto.
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| 6 |
ID:
145658
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This article identifies the key aspects of the Partial Revised Submission of the Russian Federation with respect to continental shelf areas beyond 200 nautical miles in the Arctic Ocean. It focusses on pro- cedural and substantive legal issues, including how seafloor highs were legally classified and how Russia used referenced “sector lines” to determine the outer limits of its shelf.
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| 7 |
ID:
108588
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| Publication |
2011.
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| Summary/Abstract |
Several of the summaries of recommendations of the Commission on the Limits of the Continental Shelf contain recommendations involving the application of the provisions of Article 76 of the 1982 UN Convention on the Law of the Sea with respect to a class of morphological features that can best be described as seafloor highs. The application of these provisions requires the classification of such features into one of the three categories of seafloor highs: oceanic ridges of the deep ocean floor, submarine ridges, and submarine elevations that are natural components of the continental margin. The summaries of the CLCS recommendations provide guidance on the approach that has been adopted for the application of these provisions. Furthermore, the summaries give insight into the principles by which the CLCS is guided in considering the submerged prolongation of the landmass of a coastal state and the delineation of the outer limits of its continental shelf beyond 200 nautical miles, and the importance of determining the foot of the continental slope at its base in this connection.
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