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Establishing Continental Shelf Limits Beyond 200 Nautical Miles by the Coastal State: A Right of Involvement for Other States?

Establishing Continental Shelf Limits Beyond 200 Nautical Miles by the Coastal State: A Right of Involvement for Other States?

Name: Establishing Continental Shelf Limits Beyond 200 Nautical Miles by the Coastal State: A Right of Involvement for Other States?
Brand: Brill Nijhoff
SKU: 9789004326231
Price: 2580.20 HKD
Availability: InStock
Author: Signe Veierud Busch
ISBN: 9789004326231

By Signe Veierud Busch

Brill Nijhoff August 2016

Specifications

ISBN-13: 9789004326231
Publisher: Brill Nijhoff
Publication: August 2016
Format: Hardback
Jurisdiction: Netherlands ? Countri(es) for reference only

Details

In Establishing Continental Shelf Limits Beyond 200 Nautical Miles by the Coastal State: A Right of Involvement for Other States?, Signe Veierud Busch undertakes a study of all coastal State submissions to the Commission on the Limits of the Continental Shelf and asks under which circumstances and to what extent States other than the coastal State may intervene in the process of establishing final and binding continental shelf limits.

After analysing relevant provisions in the UN Convention on the Law of the Sea and the Commission’s Rules of Procedure compared with the practice of States and the Commission, Busch raises the overall question if the possibility for other States to block the work of the Commission may in fact be undermining the mandate and functions of the Commission.

ACKNOWLEDGEMENTS; LIST OF ABBREVIATIONS AND SHORT FORMS; LIST OF TABLES; CONVENTIONS AND OTHER INTERNATIONAL INSTRUMENTS; PART I – SETTING THE SCENE; 1.
INTRODUCTION: 1.1 INTRODUCTION; 1.2 THE LEGAL REGIME OF THE CONTINENTAL SHELF IN A NUTSHELL; 1.3 THE OPPORTUNITY FOR OTHER STATES BE INVOLVED IN A COASTAL STATE’S ESTABLISHMENT OF OCS LIMITS; 1.4 STRUCTURE AND OUTLINE; 2.
DEVELOPING A LEGAL REGIME FOR THE CONTINENTAL SHELF AND ITS LIMITS: 2.1 INTRODUCTION; 2.2 THE CONTINENTAL SHELF PRIOR TO UNCLOS III; 2.3 THE THIRD UNITED NATIONS CONFERENCE ON THE LAW OF THE SEA (UNCLOS III); 2.3.1 Introduction; 2.3.2 Negotiating the outer limits of the continental shelf; 2.3.3 Establishing a Continental Shelf Boundary Commission; 2.4 CONCLUDING REMARKS; 3.
THE COMMISSION ON THE LIMITS OF THE CONTINENTAL SHELF (CLCS): 3.1 INTRODUCTION; 3.2 THE SUBMISSION PROCEDURE TO THE CLCS; 3.2.1 Introduction; 3.2.2 The role and functions of the CLCS; 3.2.3 The ordinary course of making a submission to the CLCS; 3.2.4 The time limit for making submissions (and re-submissions) to the CLCS; 3.3 THE DOCUMENTS OF THE CLCS; 3.3.1 Introduction; 3.3.2 The steering documents of the CLCS; 3.3.3 Outputs by the CLCS; 3.4 TRANSPARENCY, CONFIDENTIALITY AND PRIVACY IN ESTABLISHING OCS LIMITS; 3.5 CONCLUSIONS; 4.
INTERNATIONAL DISPUTES AND MECHANISMS FOR THEIR SETTLEMENT: 4.1 INTRODUCTION; 4.2 WHAT IS A DISPUTE?; 4.2.1 A general definition of a ‘dispute’ in international case law; 4.2.2 The scope of disputes under Part XV of the LOSC; 4.2.3 The scope of disputes under Rule 46 of the RoP; 4.3 COMPULSORY JUDICIAL DISPUTE SETTLEMENT: THE LOSC; 4.3.1 Introduction; 4.3.2 The system for dispute settlement under the LOSC; 4.3.3 The principle of compulsory dispute settlement; 4.4 DISPUTE SETTLEMENT OUTSIDE THE SCOPE OF THE LOSC; 4.4.1 Introduction; 4.4.2 Arbitration; 4.4.3 The International Court of Justice (ICJ); 4.5 THE RELATIONSHIP BETWEEN THE CLCS AND THE INSTITUTIONS FOR DISPUTE SETTLEMENT UNDER PART XV OF THE LOSC; 4.6 CONCLUSIONS; PART II – INVOLVEMENT BY OTHER STATES DURING THE CLCS SUBMISSION PROCEDURE; 5.
INVOLVEMENT BY OTHER STATES IN CASE OF DISPUTES RELATING TO AN OCS SUBMISSION: 5.1 INTRODUCTION; 5.2 THE SAVING CLAUSES OF THE LOSC: DEVELOPING RULE 46 AND ANNEX I TO THE ROP; 5.3 INITIAL ASSESSMENT: ARE THERE ANY DISPUTES IN RELATION TO THE SUBMISSION?; 5.3.1 Introduction; 5.3.2 Information submitted by the coastal State; 5.3.3 The legal basis for involvement by States other than the coastal State; 5.3.4 A requirement of legal interest for submitting information to the CLCS; 5.4 THE PROCEDURE OF ANNEX I TO THE ROP; 5.4.1 Introduction; 5.4.2 Non-consideration of a submission; 5.4.3 Prior consent; 5.4.4 Partial submissions; 5.4.5 Joint or separate submissions; 5.5 CURRENT DISPUTES CONCERNING THE ESTABLISHMENT OF OCS LIMITS; 5.5.1 Introduction; 5.5.2 Delimitation disputes; 5.5.3 Disputes concerning the title to territory; 5.5.4 Disputes concerning the interpretation or application of the LOSC; 5.5.5 Disputes due to other treaty obligations; 5.5.6 Disputes concerning scientific or technical issues; 5.6 JUDICIAL DISPUTE SETTLEMENT; 5.7 CONCLUSIONS; 6.
CONTINENTAL SHELF DELIMITATION DISPUTES: 6.1 INTRODUCTION; 6.2 THE WORDING OF RULE 46; 6.2.1 Introduction; 6.2.2 Continental shelf delimitation and Rule 46 in practice; 6.2.3 Is an unresolved boundary delimitation a ‘dispute’?; 6.2.4 The thresholds for invoking Paragraph 5(a) due to unresolved delimitation; 6.3 JUDICIAL DISPUTE SETTLEMENT; 6.3.1 The admissibility of delimitation disputes to judicial settlement in the absence of CLCS recommendations; 6.3.2 The Bay of Bengal case; 6.3.3 Nicaragua/Colombia Delimitation I; 6.4 CONCLUSIONS; 7.
DISPUTES CONCERNING THE TITLE TO TERRITORY: 7.1 INTRODUCTION; 7.2 EXPANDING THE SCOPE OF THE SAVING CLAUSES OF THE LOSC; 7.3 DISPUTES CONCERNING THE TITLE TO TERRITORY IN PRACTICE; 7.3.1 Introduction; 7.3.2 The Falkland Islands, South Georgia and the South Sandwich Islands (United Kingdom/Argentina); 7.3.3 The Spratly Islands, Paracel Islands and Kalayaan Island Group (Vietnam, Malaysia, China/Taiwan, Philippines); 7.3.4 The Senkaku Islands (China/Taiwan and Japan); 7.3.5 Essequibo River (Guyana/Venezuela); 7.4 JUDICIAL DISPUTE SETTLEMENT; 7.5 CONCLUSIONS; 8.
DISPUTES CONCERNING THE INTERPRETATION OR APPLICATION OF THE LOSC: 8.1 INTRODUCTION; 8.2 THE INTERPRETATIVE COMPETENCE OF THE CLCS; 8.3 DISPUTES CONCERNING THE INTERPRETATION OR APPLICATION OF ARTICLE 76; 8.3.1 Introduction; 8.3.2 Current disputes concerning the natural prolongation criterion; 8.3.3 Are disputes concerning Article 76 relevant disputes for the purpose of the CLCS?; 8.3.4 The extent of the CLCS interpretative competence in relation to Article 76; 8.3.5 The competence of the CLCS in disputes concerning Article 76; 8.4 DISPUTES CONCERNING THE INTERPRETATION OR APPLICATION OF THE STATEMENT OF UNDERSTANDING; 8.4.1 Introduction; 8.4.2 The Statement of Understanding; 8.4.3 Potential disputes concerning the Statement of Understanding; 8.4.4 Are disputes concerning the Statement of Understanding relevant to the purpose of the CLCS?; 8.5 DISPUTES CONCERNING THE INTERPRETATION OR APPLICATION OF ARTICLE 121(3); 8.5.1 Introduction; 8.5.2 The Oki-no-Tori Shima dispute; 8.5.3 The interpretative competence of the CLCS on Article 121(3); 8.5.4 Is a dispute concerning the interpretation or application of Article 121(3) a ‘land or maritime dispute’?; 8.5.5 What is required to constitute sufficient interest in a matter concerning the encroachment of the Area?; 8.6 DISPUTES CONCERNING THE INTERPRETATION OR APPLICATION OF ARTICLE 7; 8.6.1 Introduction; 8.6.2 Current disputes concerning invalid baselines; 8.6.3 The CLCS’ interpretative competence regarding Article 7; 8.6.4 Is a dispute concerning the interpretation or application of Article 7 a ‘land or maritime dispute’?; 8.7 JUDICIAL DISPUTE SETTLEMENT; 8.7.1 Introduction; 8.7.2 Disputes within the interpretative competence of the CLCS; 8.7.3 Disputes outside of the interpretative competence of the CLCS; 8.8 GENERAL CONCLUSIONS; 9.
DISPUTES DUE TO OTHER TREATY OBLIGATIONS: THE ANTARCTIC TREATY: 9.1 INTRODUCTION; 9.2 THE CURRENT REGIME FOR ANTARCTIC CLAIMS; 9.3 CURRENT CONTROVERSIES ABOUT ANTARCTIC CONTINENTAL SHELF SUBMISSIONS; 9.3.1 Introduction; 9.3.2 Submissions by Australia, Argentina and Norway; 9.3.3 Submissions by France, New Zealand and the United Kingdom; 9.3.4 Preliminary information submitted by Chile; 9.4 ARE DISPUTES CONCERNING ANTARCTICA ‘LAND OR MARITIME DISPUTES’?; 9.4.1 Introduction; 9.4.2 Do Antarctic coastal States exist?; 9.4.3 How can a ‘sufficient interest’ be established in relation to Antarctic territory?; 9.4.4 Overlapping claims to Antarctic territory; 9.4.5 Overlapping entitlement to the continental shelf; 9.5 JUDICIAL DISPUTE SETTLEMENT; 9.6 CONCLUSIONS; 10.
INVOLVEMENT BY OTHER STATES OUTSIDE THE SCOPE OF RULE 46: 10.1 INTRODUCTION; 10.2 CURRENT STATE PRACTICE: STATE REACTIONS OUTSIDE THE SCOPE OF RULE 46?; 10.3 NOTES VERBALES ADDRESSING SCIENTIFIC AND TECHNICAL ISSUES; 10.3.1 A legal basis for notes verbales addressing scientific and technical issues; 10.3.2 Advice by specialists; 10.3.3 Coastal State responses to notifications on scientific and technical issues from other States; 10.3.4 Optional consideration for the CLCS; 10.4 JUDICIAL DISPUTE SETTLEMENT; 10.5 CONCLUSIONS; 11.
THE CLCS AND THE ROLE OF NON-PARTIES TO THE LOSC: 11.1 INTRODUCTION; 11.2 THE ROLE OF STATES NON-PARTIES AS COASTAL STATES; 11.2.1 Introduction; 11.2.2 The entitlement of non-parties to a continental shelf; 11.2.3 The spatial scope of the entitlement to a continental shelf; 11.2.4 The requirement of ‘natural prolongation’ and ‘outer edge of the continental margin’ in customary international law; 11.2.5 Can a non-party make an OCS submission to the CLCS?; 11.2.6 Are there any alternatives to recourse to the CLCS procedure?; 11.3 THE ROLE OF STATES NON-PARTIES HAVING AN INTEREST IN THE OCS LIMIT LOCATION; 11.4 JUDICIAL DISPUTE SETTLEMENT; 11.5 CONCLUSIONS; PART III – INVOLVEMENT BY OTHER STATES IN THE AFTERMATH OF THE CLCS SUBMISSION PROCEDURE; 12.
DISPUTES RELATING TO OCS LIMITS NOT ESTABLISHED ‘ON THE BASIS OF’ CLCS RECOMMENDATIONS: 12.1 INTRODUCTION; 12.2 THE PHRASE ‘ON THE BASIS OF’; 12.2.1 Introduction; 12.2.2 A legal obligation to establish OCS limits ‘on the basis of’ CLCS recommendations; 12.2.3 What is required for OCS limits to be established ‘on the basis of’ CLCS’ recommendations?; 12.2.4 The case of the OCS limits of Brazil; 12.2.5 Practical consequence of non-compliance with CLCS recommendations: lack of ‘final and binding’ OCS limits; 12.3 JUDICIAL DISPUTE SETTLEMENT; 12.3.1 Introduction; 12.3.2 Potential lack of information; 12.3.3 The competence of courts or tribunals to consider OCS limits; 12.4 CONCLUSIONS; 13.
DISPUTES RELATING TO ‘FINAL AND BINDING’ OCS LIMITS: 13.1 INTRODUCTION; 13.2 REVIEWING ESTABLISHED OCS LIMITS; 13.2.1 Introduction; 13.2.2 Competence to evaluate coastal State compliance with substantive requirements of Article 76; 13.2.3 Competence to evaluate the validity of CLCS recommendations; 13.3 MEANING AND IMPLICATIONS OF ‘FINAL AND BINDING’ LIMITS; 13.3.1 Introduction; 13.3.2 Final limits – addressing the coastal State; 13.3.3 Binding limits – addressing States other than the coastal State; 13.3.4 When do OCS limits become ‘final and binding’?; 13.4 COASTAL STATES CHALLENGING CLCS RECOMMENDATIONS; 13.5 ‘FINAL AND BINDING’ LIMITS ESTABLISHED NOT ‘ON THE BASIS OF’ CLCS RECOMMENDATIONS; 13.6 CONCLUSIONS; PART IV – CONCLUSIONS AND OBSERVATIONS; 14.
CONCLUSIONS AND OBSERVATIONS: 14.1 INTRODUCTION; 14.2 INVOLVEMENT BY OTHER STATES DURING THE CLCS PROCEDURE; 14.2.1 The scope of involvement by other States; 14.2.2 The consequences of involvement by other States; 14.3 INVOLVEMENT BY OTHER STATES IN THE AFTERMATH OF THE CLCS PROCEDURE; 14.3.1 The scope of involvement in the aftermath of the CLCS procedure; 14.3.2 The consequences of involvement by other States; 14.4 THE ROLE OF NON-PARTIES TO THE LOSC; 14.5 PARTICULAR CHALLENGES RELATING TO THE ESTABLISHMENT OF OCS LIMITS; 14.5.1 Introduction; 14.5.2 Transparency of the CLCS procedure; 14.5.3 The time frame and workload of the CLCS; 14.5.4 The status of the limits in the intermediate stage between submission and recommendations; 14.5.5 The relationship between the CLCS and decisions by international courts or tribunals; 14.6 THE LOSC – A ‘COASTAL STATES’ CONVENTION’?; APPENDICES; APPENDIX I: CONTINENTAL SHELF SUBMISSIONS AND REACTIONS BY OTHER STATES; APPENDIX II: PRELIMINARY INFORMATION AND OTHER STATES’ REACTIONS; APPENDIX III: CURRENT NON-PARTIES TO THE LOSC; BIBLIOGRAPHY; LITERATURE; DOCUMENTS:; UNCLOS III Documents; Other UN Documents; Yearbooks of the International Law Commission; Documents of the Meetings of States Parties to the LOSC (SPLOS); Documents of the CLCS; OCS Submissions and relevant notes verbales submitted to the CLCS; Preliminary Submissions to the CLCS; Recommendations issued by the CLCS; Reports, papers and handbooks; Other documents; TABLE OF CASES; International Court of Justice; Permanent Court of International Justice; International Tribunal for the Law of the Sea; Arbitration; ONLINE SOURCES; INDEX