The Most Controversial Submission before the CLCS: With Reference to the 2019 Malaysia Submission

Abstract

Abstract In December 2019 Malaysia submitted information on the outer limits of its continental shelf beyond 200 miles (OL) in the South China Sea (SCS) to the Commission on the Limits of the Continental Shelf (CLCS). According to Article 76(8) of the UN Convention on the Law of the Sea, Malaysia shall seek CLCS recommendations as the basis for establishing its OL. If notified of a land or maritime dispute, the CLCS shall not consider the submission unless consent is given by all disputants. As of 16 March 2022, the CLCS has received 28 note verbales (NVs) concerning Malaysia’s submission. Apart from those challenging the submission, there are 12 NVs invoking the 2016 SCS Arbitration award to oppose territorial and maritime claims by China in its NVs initially objecting the submission. This article reviews relevant CLCS rules and practice, analyses all 28 NVs, and examines the disputes reflected in the NVs.