The Settlement of Disputes Arising From Conflicting Outer Continental Shelf Claims

The Settlement of Disputes Arising From Conflicting Outer Continental Shelf Claims © Koninklijke Brill NV, Leiden, 2009 DOI: 10.1163/157180809X421806 Th e International Journal of Marine and Coastal Law 24 (2009) 409–422 brill.nl/estu THE INTERNATIONAL JOURNAL OF MARINE AND COASTAL LAW Th e Settlement of Disputes Arising From Confl icting Outer Continental Shelf Claims L.D.M. Nelson Judge, International Tribunal for the Law of the Sea Abstract Th is article begins with brief observations on the dispute-settlement system contained in the 1982 UN Convention on the Law of the Sea (LOS Convention). It then reviews the rules of procedure of the Commission on the Limits of the Continental Shelf (the Commission) which are designed to prevent or minimize disputes concerning outer continental shelf boundaries. In this context reference is made to joint submissions by coastal States. Th e role of the institu- tions created by the LOS Convention—the International Seabed Authority, the International Tribunal for the Law of the Sea, in particular the Seabed Disputes Chamber, and the Commis- sion—with respect to dispute settlement is examined. It also considers the circumstances when States Parties may or may not challenge the recommendations of the Commission. Keywords Commission on the Limits of the Continental Shelf; International Seabed Authority; Seabed Disputes Chamber; actio popularis http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The International Journal of Marine and Coastal Law Brill

The Settlement of Disputes Arising From Conflicting Outer Continental Shelf Claims

The International Journal of Marine and Coastal Law, Volume 24 (2): 409 – Jan 1, 2009

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Publisher
Brill
Copyright
© 2009 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0927-3522
eISSN
1571-8085
D.O.I.
10.1163/157180809X421806
Publisher site
See Article on Publisher Site

Abstract

© Koninklijke Brill NV, Leiden, 2009 DOI: 10.1163/157180809X421806 Th e International Journal of Marine and Coastal Law 24 (2009) 409–422 brill.nl/estu THE INTERNATIONAL JOURNAL OF MARINE AND COASTAL LAW Th e Settlement of Disputes Arising From Confl icting Outer Continental Shelf Claims L.D.M. Nelson Judge, International Tribunal for the Law of the Sea Abstract Th is article begins with brief observations on the dispute-settlement system contained in the 1982 UN Convention on the Law of the Sea (LOS Convention). It then reviews the rules of procedure of the Commission on the Limits of the Continental Shelf (the Commission) which are designed to prevent or minimize disputes concerning outer continental shelf boundaries. In this context reference is made to joint submissions by coastal States. Th e role of the institu- tions created by the LOS Convention—the International Seabed Authority, the International Tribunal for the Law of the Sea, in particular the Seabed Disputes Chamber, and the Commis- sion—with respect to dispute settlement is examined. It also considers the circumstances when States Parties may or may not challenge the recommendations of the Commission. Keywords Commission on the Limits of the Continental Shelf; International Seabed Authority; Seabed Disputes Chamber; actio popularis

Journal

The International Journal of Marine and Coastal LawBrill

Published: Jan 1, 2009

Keywords: DISPUTE SETTLEMENT; JUS COGENS; ACTIO POPULARIS; COMMISSION ON THE LIMITS OF THE CONTINENTAL SHELF; DELIMITATION OF MARITIME BOUNDARIES; OUTER CONTINENTAL SHELF; SEABED DISPUTES CHAMBER; INTERNATIONAL SEABED AUTHORITY; OBLIGATIONS ERGA OMNES

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