Maritime Delimitation in the Black Sea Case (Romania v. Ukraine)

2009 ◽  
Vol 8 (3) ◽  
pp. 305-327 ◽  
Author(s):  
David Anderson
Keyword(s):  
Continental Shelf ◽  
Black Sea ◽  
Law Of The Sea ◽  
The Black Sea ◽  
Continental Shelves ◽  
Maritime Boundary ◽  
The Icj ◽  
Stage Process ◽  
The Law

AbstractIn a unanimous decision, the ICJ determined, in accordance with the UN Convention on the Law of the Sea, the single maritime boundary between the respective EEZs and continental shelves of Romania and Ukraine. The Court clarified its methodology for delimiting the EEZ/continental shelf, following a three-stage process. First, it drew a provisional equidistance line between what it decided were the most appropriate basepoints on the two coasts; secondly, it considered whether this line required adjustment; and finally, it verified that the line did not lead to an inequitable result. The Judgment contains important interpretations of several articles in the Convention, notably Articles 74 and 83.

Dispute Settlement under the UN Convention on the Law of the Sea: Survey for 2009

2010 ◽  
Vol 25 (4) ◽  
pp. 457-482 ◽  
Author(s):  
Robin Churchill
Keyword(s):  
Black Sea ◽  
Dispute Settlement ◽  
Law Of The Sea ◽  
The Black Sea ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Maritime Boundary ◽  
The Law

AbstractThis is the sixth of a series of annual surveys reviewing dispute settlement in the law of the sea both under the UN Convention on the Law of the Sea and outside the framework of the Convention. The main developments during 2009 were the judgment of the International Court of Justice in the Maritime Delimitation in the Black Sea (Romania v. Ukraine) case and the commencement of three new maritime boundary cases (between Bangladesh and India, Bangladesh and Myanmar, and Croatia and Slovenia, respectively).

The Commission on the Limits of the Continental Shelf and its Disturbing Propensity to Legislate

2011 ◽  
Vol 26 (3) ◽  
pp. 355-383 ◽  
Author(s):  
Andrew Serdy
Keyword(s):  
United Nations ◽  
Continental Shelf ◽  
Law Of The Sea ◽  
Continental Shelves ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

AbstractCreated by the United Nations Convention on the Law of the Sea to apply the rules in Article 76 on the outer limits of the continental shelf beyond 200 nautical miles from States’ territorial sea baselines, the Commission on the Limits of the Continental Shelf has on several occasions introduced new requirements for States not supported by Article 76, or impermissibly qualifying the rights Article 76 accords them. This article focuses on several such instances, one to the coastal State’s advantage (though temporally rather than spatially), another neutral (though requiring unnecessary work of States), but the remainder all tending to reduce the area of continental shelves. The net effect has been to deprive States of areas of legal continental shelf to which a reasonable interpretation of Article 76 entitles them, and in one case even of their right to have their submissions examined on their merits, even though, paradoxically, the well-meaning intention behind at least some of the Commission’s pronouncements was to avoid other controversies.

scholarly journals On Delineation of the Continental Shelf: Decision of the International Tribunal for the Law of the Sea on Delimitation of the Maritime Boundary between Bangladesh and Myanmar, 2012

Lex Russica ◽  
2021 ◽  
pp. 155-163
Author(s):  
A. Yu. Klyuchnikov
Keyword(s):  
Continental Shelf ◽  
Law Of The Sea ◽  
International Tribunal ◽  
Exploration And Exploitation ◽  
International Court ◽  
Maritime Boundary ◽  
The Subject ◽  
The Common ◽  
The Law ◽  
Marine Areas

With the development of technical capabilities for the exploration and exploitation of the continental shelf, the desire of coastal states to expand the area of their jurisdiction in the "underwater territory" (the territory of the seabed) increased. Thanks to the activism of the judges of the International Tribunal for the Law of the Sea, the concept of the continental shelf for the purposes of international maritime law has been significantly developed. As a result, the coastal states signatories to the 1982 Convention on the Law of the Sea were able to establish the outer limit of the continental shelf, which, under certain conditions, can extend even beyond 350 nautical miles from the baseline.Disputes between states on the continental shelf mainly arise in connection with the need to distinguish between marine areas rich in sources of living and non-living resources. In such cases, it may be necessary to delineate the continental shelf between adjacent States (with a common border) or located opposite each other, i.e. their delimitation under article 83 of the Convention on the Law of the Sea. The subject of the dispute is the external legal boundary of the continental shelf of the state, where it extends beyond 200 nautical miles from the baseline of that state (the continental shelf beyond 200 nautical miles), adjoins the area that is the common heritage of mankind, outside the jurisdiction of any of the states.On the issue of determining the limits of the continental shelf beyond 200 nautical miles, the decision of the International Tribunal for the Law of the Sea of 14.03.2012 "On delimitation of maritime boundary between Bangladesh and Myanmar" is of a precedent value, since no international court has previously addressed this issue.

Issues and Strategies for Outer Continental Shelf Claims

2008 ◽  
Vol 23 (2) ◽  
pp. 185-211 ◽  
Author(s):  
Donald R. Rothwell
Keyword(s):  
Continental Shelf ◽  
Law Of The Sea ◽  
Outer Continental Shelf ◽  
Strategic Issues ◽  
Continental Shelves ◽  
The Law

AbstractThe Commission on the Limits of the Continental Shelf (CLCS or the Commission) is a specialist body with a limited mandate with the potential to have a significant impact upon the dynamic of the law of the sea in coming decades as more coastal States seek to claim outer continental shelves (OCS). By the end of 2007, the Commission had received nine submissions but made only three recommendations. Many coastal States will be lodging OCS submissions in the coming years, raising issues as to the Commission's workload and capacity to efficiently consider each submission. Coastal States need to be mindful not only of the legal but also of the practical and strategic issues that are emerging in OCS submissions, including how many of them can meet the May 2009 submission cut-off. Making a partial OCS claim may be one approach. A review is undertaken of relevant State and Commission practice to date.

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

2015 ◽  
Vol 84 (4) ◽  
pp. 580-604 ◽  
Author(s):  
Øystein Jensen
Keyword(s):  
Continental Shelf ◽  
Crucial Role ◽  
Dispute Settlement ◽  
Third Party ◽  
Law Of The Sea ◽  
Maritime Boundary ◽  
Legal Challenges ◽  
The Law ◽  
Maritime Boundary Delimitation ◽  
The Relationship

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.

scholarly journals The Law of the Sea, International Courts, and Judicialization

AJIL Unbound ◽  
2021 ◽  
Vol 115 ◽  
pp. 373-377
Author(s):  
Donald R. Rothwell
Keyword(s):  
Continental Shelf ◽  
Dispute Settlement ◽  
Third Party ◽  
Law Of The Sea ◽  
International Courts ◽  
Maritime Boundary ◽  
Timor Leste ◽  
The Law ◽  
Secondary Mechanism ◽  
Maritime Boundary Delimitation

Dispute settlement is entrenched in the 1982 UN Convention on the Law of the Sea (UNCLOS) through the Part XV compulsory mechanisms. It is also reflected in UNCLOS's indication that delimitation of the exclusive economic zone or the continental shelf is to be by way of agreement between coastal states. While maritime boundary delimitation may be viewed as dominated by judicialization, that is not reflected in UNCLOS. The maritime boundary delimitation project unleashed by UNCLOS gave primacy to delimitation by agreement, with third party settlement under Part XV the secondary mechanism. The 2018 Australia/Timor-Leste maritime boundary settlement highlights how, even when Part XV third party mechanisms were used, the coastal states were able to reach agreement on a maritime boundary by negotiation, without recourse to judicialization.

The Continental Shelf Delimitation Beyond 200 Nautical Miles

2021 ◽  
Author(s):  
Xuexia Liao
Keyword(s):  
United Nations ◽  
Continental Shelf ◽  
Law Of The Sea ◽  
International Courts ◽  
Maritime Boundary ◽  
Key Concepts ◽  
Boundary Making ◽  
United Nations Convention ◽  
The Law ◽  
Consistent Approach

The Continental Shelf Delimitation Beyond 200 Nautical Miles provides an up-to-date and informed analysis of the now fast developing, yet confusing, field of the law of maritime delimitation. It examines the procedural matters in relation to the competence of international courts and tribunals in the light of the institutional framework of the United Nations Convention on the Law of the Sea and discusses the methodological questions arising out of the delimitation process. The book engages with the key concepts of maritime entitlement, delineation and delimitation with a view to developing a coherent and consistent approach to the delimitation of the continental shelf beyond 200 nautical miles. Essentially, it argues that the delimitation of the continental shelf will be unified with existing maritime delimitation, and a common approach to maritime boundary-making within and beyond 200 nautical miles is likely to emerge.

Part I Assessing the UN Institutional Structure for Global Ocean Governance: The UN’s Role in Global Ocean Governance, 4 The Role of the Commission on the Limits of the Continental Shelf in the Governance of the Seas and Oceans

2018 ◽  
Author(s):  
Subedi Surya P
Keyword(s):  
United Nations ◽  
Continental Shelf ◽  
Global Ocean ◽  
Financial Resources ◽  
Law Of The Sea ◽  
Ocean Governance ◽  
Continental Shelves ◽  
United Nations Convention ◽  
The Law

This chapter discusses the role of the Commission on the Limits of the Continental Shelf, established under the United Nations Convention on the Law of the Sea (UNCLOS), in the governance of the seas and oceans. It first considers the competition for the resources of the seas and oceans among States before providing an overview of the functions of the Commission. It then outlines the criteria for the establishment of the outer limits of the continental shelf and proceeds by analysing the challenges for the Commission in dealing with claims by coastal States for the extension of their continental shelves beyond 200 nautical miles. It also examines issues such as ambiguity in the law itself, the workload of the Commission, problems of enforcement, questions of transparency and accountability, financial resources, and independence of the Commissioners.

scholarly journals Continental Shelf From The Perspective Of The Law Of The Sea: An Introduction

Warta Geologi ◽  
2021 ◽  
Vol 47 (1) ◽  
pp. 19-28
Author(s):  
Mazlan Madon ◽  
Keyword(s):  
United Nations ◽  
Natural Resources ◽  
Continental Shelf ◽  
Short Note ◽  
Law Of The Sea ◽  
Coastal State ◽  
Outer Limit ◽  
Continental Shelves ◽  
United Nations Convention ◽  
The Law

The entitlement of a coastal State over the seabed and subsoil in front of its landmass is provided for in the United Nations Convention on the Law of the Sea 1982 (UNCLOS), in particular Article 76 for the continental shelf. This short note in Malay gives a brief introduction to the concept of the “continental shelf” in the context of Article 76. This concept is important as a means by which coastal States may establish the outer limit of their continental shelves beyond 200 nautical miles (M) measured from the territorial sea baselines. Once the outer limits have been established, coastal States are then able to exercise with certainty their sovereign rights over the extended continental shelf for the purposes of exploring and exploiting the natural resources of the seabed and subsoil, as provided for by UNCLOS. The establishment of the outer limits of the continental shelf beyond 200 M is based on the principle of natural prolongation of land territory in Article 76. Geology also plays an important role in the process of determining the extent of the prolongation in accordance with the provisions of Article 76. For authors and students of this topic in Malay, it is proposed that the synonymous Malay terms for continental shelf – “pelantar benua” and “pentas benua” – be given specific meanings for use in their legal and geological contexts, respectively.

Dispute Concerning Delimitation of the Maritime Boundary between Mauritius and Maldives in the Indian Ocean, Preliminary Objections (ITLOS)

2021 ◽  
pp. 1-69
Author(s):  
Thomas Burri ◽  
Jamie Trinidad
Keyword(s):  
Indian Ocean ◽  
Law Of The Sea ◽  
International Tribunal ◽  
Maritime Boundary ◽  
The Indian Ocean ◽  
The Law ◽  
Arbitral Proceedings ◽  
Chagos Archipelago

On January 28, 2021, a Special Chamber of the International Tribunal for the Law of the Sea (ITLOS) delivered a judgment in which it rejected preliminary objections raised by the Maldives in arbitral proceedings instituted by Mauritius, concerning the delimitation of the maritime boundary north of the Chagos Archipelago in the Indian Ocean.

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