Maritime Boundary Delimitation Beyond 200 Nautical Miles: The International Judiciary and the Commission on the Limits of the Continental Shelf

Maritime Boundary Delimitation Beyond 200 Nautical Miles: The International Judiciary and the... This article examines the legal significance of the Commission on the Limits of the Continental Shelf in third-party dispute settlement regarding delimitation of the continental shelf beyond 200 nautical miles from the territorial sea baselines. Recent international jurisprudence indicates that the relationship between the procedures of the 1982 un Convention on the Law of the Sea involving the Commission and third-party dispute settlement is marked by lack of clarity, bringing procedural and substantive legal challenges in the view of the international judiciary. The procedures involving the Commission may influence a dispute settlement body’s decision to exercise its jurisdiction to delimit continental shelf areas beyond 200 nautical miles. Also in terms of continental shelf entitlement—determining what is legally a “continental shelf” and what is not—the Commission plays a crucial role. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Nordic Journal of International Law Brill

Maritime Boundary Delimitation Beyond 200 Nautical Miles: The International Judiciary and the Commission on the Limits of the Continental Shelf

Nordic Journal of International Law, Volume 84 (4): 580 – Nov 14, 2015

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Publisher
Brill
Copyright
© 2015 by Koninklijke Brill NV, Leiden, The Netherlands
Subject
Articles
ISSN
0902-7351
eISSN
1571-8107
DOI
10.1163/15718107-08404001
Publisher site
See Article on Publisher Site

Abstract

This article examines the legal significance of the Commission on the Limits of the Continental Shelf in third-party dispute settlement regarding delimitation of the continental shelf beyond 200 nautical miles from the territorial sea baselines. Recent international jurisprudence indicates that the relationship between the procedures of the 1982 un Convention on the Law of the Sea involving the Commission and third-party dispute settlement is marked by lack of clarity, bringing procedural and substantive legal challenges in the view of the international judiciary. The procedures involving the Commission may influence a dispute settlement body’s decision to exercise its jurisdiction to delimit continental shelf areas beyond 200 nautical miles. Also in terms of continental shelf entitlement—determining what is legally a “continental shelf” and what is not—the Commission plays a crucial role.

Journal

Nordic Journal of International LawBrill

Published: Nov 14, 2015

Keywords: Commission on the Limits of the Continental Shelf; dispute settlement; outer limits of the continental shelf; continental shelf boundary delimitation; treaty interpretation; Bay of Bengal

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