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Author: Suzette V. Suarez
Publisher: Springer Science & Business Media
ISBN: 3540798587
Category : Science
Languages : en
Pages : 290
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Book Description
A. The Outer Limits of the Continental Shelf The 1982 United Nations Convention on the Law of the Sea (herein- ter the “Convention”) marks the beginning of a new era in the law of 1 the sea. The negotiations for this treaty at the Third United Nations Conference for the Law of the Sea (hereinafter “UNCLOS III”), lasted for nine years, from 1973 to 1982. The Convention regulates the principal aspects of international oceans affairs. It establishes and fixes the limits of maritime zones, provides for the rights and duties of states in these zones, establishes the law app- cable in the international seabed area on the basis of the principle of common heritage of mankind, imposes obligations on states to protect the marine environment, and provides for the means of dispute sett- ment. One of the most contentious and divisive issues at UNCLOS III were the outer limits of the continental shelf. Previously, in the 1958 Con- 2 vention on the Continental Shelf (hereinafter the “1958 Convention”), no limits were established for the continental shelf. States were allowed to claim areas of continental shelves based on their capacity to exploit the mineral resources of the shelf. The legal framework in the 1958 Convention would obviously conflict with the principle of the common heritage of mankind. Delegates realized that limits have to be est- lished, but up to where and on the basis of which principles, was a c- tentious question.
Author: Suzette V. Suarez
Publisher: Springer Science & Business Media
ISBN: 3540798587
Category : Science
Languages : en
Pages : 290
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Book Description
A. The Outer Limits of the Continental Shelf The 1982 United Nations Convention on the Law of the Sea (herein- ter the “Convention”) marks the beginning of a new era in the law of 1 the sea. The negotiations for this treaty at the Third United Nations Conference for the Law of the Sea (hereinafter “UNCLOS III”), lasted for nine years, from 1973 to 1982. The Convention regulates the principal aspects of international oceans affairs. It establishes and fixes the limits of maritime zones, provides for the rights and duties of states in these zones, establishes the law app- cable in the international seabed area on the basis of the principle of common heritage of mankind, imposes obligations on states to protect the marine environment, and provides for the means of dispute sett- ment. One of the most contentious and divisive issues at UNCLOS III were the outer limits of the continental shelf. Previously, in the 1958 Con- 2 vention on the Continental Shelf (hereinafter the “1958 Convention”), no limits were established for the continental shelf. States were allowed to claim areas of continental shelves based on their capacity to exploit the mineral resources of the shelf. The legal framework in the 1958 Convention would obviously conflict with the principle of the common heritage of mankind. Delegates realized that limits have to be est- lished, but up to where and on the basis of which principles, was a c- tentious question.
Author: Suzette V. Suarez
Publisher: Springer
ISBN: 9783642098598
Category : Science
Languages : en
Pages : 0
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Book Description
A. The Outer Limits of the Continental Shelf The 1982 United Nations Convention on the Law of the Sea (herein- ter the “Convention”) marks the beginning of a new era in the law of 1 the sea. The negotiations for this treaty at the Third United Nations Conference for the Law of the Sea (hereinafter “UNCLOS III”), lasted for nine years, from 1973 to 1982. The Convention regulates the principal aspects of international oceans affairs. It establishes and fixes the limits of maritime zones, provides for the rights and duties of states in these zones, establishes the law app- cable in the international seabed area on the basis of the principle of common heritage of mankind, imposes obligations on states to protect the marine environment, and provides for the means of dispute sett- ment. One of the most contentious and divisive issues at UNCLOS III were the outer limits of the continental shelf. Previously, in the 1958 Con- 2 vention on the Continental Shelf (hereinafter the “1958 Convention”), no limits were established for the continental shelf. States were allowed to claim areas of continental shelves based on their capacity to exploit the mineral resources of the shelf. The legal framework in the 1958 Convention would obviously conflict with the principle of the common heritage of mankind. Delegates realized that limits have to be est- lished, but up to where and on the basis of which principles, was a c- tentious question.
Author: Øystein Jensen
Publisher: Martinus Nijhoff Publishers
ISBN: 9004274170
Category : Law
Languages : en
Pages : 334
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Book Description
As the world’s coastal states go about dividing up the ocean floor, the work of the Commission on the Limits of the Continental Shelf plays an increasingly important role. The Commission on the Limits of the Continental Shelf: Law and Legitimacy examines the Commission from two different but interrelated perspectives: a legal analysis of the Commission’s decision-making; and a study of normative legitimacy related to the Commission and its procedures. Insights into the history of the development of the concept of the continental shelf in the law of the sea are offered, including an explanation of how the institutionalized method for ascertaining continental shelf limits in the UN Convention on the Law of the Sea came into being. Through a deep-ranging analysis of the Commission and its work, the book introduces a framework for assessing best practices, and will serve as a useful reference for academics, scientists and policymakers alike.
Author: Joanna Mossop
Publisher: Oxford University Press
ISBN: 0191078700
Category : Law
Languages : en
Pages : 470
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Book Description
Under the United Nations Law of the Sea Convention, States have sovereign rights over the resources of their continental shelf out to 200 nautical miles from the coast. Where the physical shelf extends beyond 200 nautical miles, States may exercise rights over those resources to the outer limits of the continental shelf. More than 80 States may be entitled to claim sovereign rights over their continental shelf where it extends beyond 200 nautical miles from their coast, and the Commission on the Limits of the Continental Shelf is currently examining many of these claims. This book examines the nature of the rights and obligations of coastal States in this area, with a particular focus on the options for regulating activities on the extended continental shelf. Because the extended continental shelf lies below the high seas, the area poses unique legal challenges for coastal States that are different from those faced in respect of the shelf within 200 nautical miles. In addition, the United Nations Convention on the Law of the Sea imposes some specific obligations that coastal States must comply with in respect of the extended continental shelf. The book discusses the development of the concept of the extended continental shelf. It explores a range of issues facing the coastal State in regulating matters such as environmental protection, fishing, bioprospecting, exploitation of non-living resources and marine scientific research on the extended continental shelf. The book proposes a framework for navigating the intersection between the high seas and the extended continental shelf and minimising the potential for conflict between flag and coastal States.
Author: Tomas Heidar
Publisher: BRILL
ISBN: 9004437754
Category : Law
Languages : en
Pages : 498
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Book Description
During the four decades that have passed since the 1982 United Nations Convention on the Law of the Sea was negotiated, there has been considerable advancement in the knowledge of a number of important issues addressed in the Convention. Among those issues are marine biological diversity of areas beyond national jurisdiction, including marine genetic resources; the continental shelf, including seafloor highs, and its outer limits; and deep seabed mineral resources. At the same time, as a consequence of global warming, fundamental changes are taking place in many areas related to the law of the sea. In particular, sea level is rising globally, which may affect baselines, maritime limits and boundaries of coastal States. New Knowledge and Changing Circumstances in the Law of the Sea, edited by Tomas Heidar, which includes twenty-two Chapters by prominent legal and scientific experts, focuses on these critical developments, the challenges they pose to the existing legal framework, and the various ways in which States are addressing these challenges.
Author: Bjarni Már Magnússon
Publisher: Hotei Publishing
ISBN: 9004296840
Category : Law
Languages : en
Pages : 333
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Book Description
In The Continental Shelf Beyond 200 Nautical Miles, Bjarni Már Magnússon explores various aspects of the establishment of the outer limits of the continental shelf beyond 200 nautical miles and maritime boundary delimitations. Special emphasis is laid on the interplay between these processes and the role of coastal States, the Commission on the Limits of the Continental Shelf and international courts and tribunals in this regard. Magnússon convincingly argues that despite the possibility for tension to arise the relationship between the relevant institutions and processes is clear and precise and they together form a coherent system where each separate institution plays its own part in a larger process.
Author: Snjólaug Árnadóttir
Publisher: Cambridge University Press
ISBN: 1316517896
Category : Law
Languages : en
Pages : 269
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Book Description
Based on author's thesis (doctoral - University of Edinburgh, 2018).
Author: Myron H. Nordquist
Publisher: BRILL
ISBN: 9047413539
Category : Law
Languages : en
Pages : 483
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Book Description
The legal and scientific aspects of continental shelf limits are of growing importance to those concerned with the international law of the sea. It is rare that the current thinking of both leading lawyers and scientists are brought together in one volume. Among the topics raised in this volume are: geomorphology and geology; ridge issues; Commission on the Limits of the Continental Shelf; shelf resources and current issues, such as the outer limit of the continental shelf in the Arctic Ocean, evaluating U.S. data holdings relevant to the definition of continental shelf limits, delimiting China’s continental shelves and future directions of the International Seabed Authority. Lastly, the Under Secretary General for Legal Affairs, United Nations, H.E. Hans Corell, provides a strategic overview on the challenges in implementing international ocean governance. Another unique feature of the volume is that a CD is placed in the back cover containing visual materials not included in the printed text.
Author: Massimo Lando
Publisher: Cambridge University Press
ISBN: 110849739X
Category : Law
Languages : en
Pages : 435
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Book Description
The first study of the three-stage approach to maritime delimitation, collating methods from judicial decisions, treaties and scholarship.
Author: M. W. Mouton
Publisher: Springer
ISBN: 9401759669
Category : Science
Languages : en
Pages : 378
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Book Description
