The Approach of the Commission on the Limits of the Continental Shelf to Submissions Involving Unresolved Disputes: Should It Be Modified?

Abstract

AbstractParagraph 5(a) of Annex I to the Rules of Procedure of the Commission on the Limits of the Continental Shelf has been invoked by states to block the Commission's consideration of several submissions made by coastal states. The paragraph introduces several new factors into the delineation process of the continental shelf beyond 200 nautical miles, which had not been envisaged by the United Nations Convention on the Law of the Sea. In addition, this has had significant consequences in respect of the completion of the delineation process, and thus the realization of one of the key objects and purposes of the Convention – that is, to create certainty about the extent of the continental shelf and the limits of the area. This article examines whether Paragraph 5(a) is in accordance with the Convention, and whether there is an alternative approach that may have a more limited impact on the delineation process.