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The Outer Limits of the Continental Shelf

Legal Aspects of their Establishment

  • Book
  • © 2008

Overview

Authors:
  1. Suzette V. Suarez
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Part of the book series: Beiträge zum ausländischen öffentlichen Recht und Völkerrecht (BEITRÄGE, volume 199)

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Table of contents (8 chapters)

  1. Front Matter

    Pages I-XVIII
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  2. Introduction

    Pages 1-19

  3. The Continental Shelf Prior to UNCLOS III

    Pages 21-38

  4. The Continental Shelf – its Definition and Limits under Article 76 of the 1982 United Nations Convention on the Law of the Sea

    Pages 39-74

  5. The Commission on the Limits of the Continental Shelf

    Pages 75-117

  6. Establishment of the Outer Limits of the Continental Shelf Beyond 200 Nautical Miles – the Legal, Scientific and Technical Interface

    Pages 119-176

  7. The Process of Establishing the Outer Limits of the Continental Shelf

    Pages 177-221

  8. Prospects for Settlement of Disputes Involving the Outer Limits of the Continental Shelf beyond 200 Nautical Miles

    Pages 223-238

  9. The Outer Limits of the Continental Shelf: Legal Aspects of their Establishment

    Pages 239-251

  10. Back Matter

    Pages 253-276
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About this book

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.

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