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Role of recommendations of the Commission on the Limits of the Continental Shelf in delimitation of marine spaces
Abstract.The subject of this research is the debatable question regarding the role of recommendations of the Commission on the Limits of the Continental Shelf in delimitation of marine spaces. The specificity of continental shelf lies in the fact that in delineation of its boundaries (beyond the 200-mile distance of the initial lines) is involved the established in accordance with the UN Convention on the Law of the Sea of 1982 – the Commission. The work of the Commission, concerning the demarcation of shelf from the area, does not cause damage to delimitation of shelf between the neighboring states; however, assigning a special status to the boundaries of the shelf alongside the complexity of regulations of the Convention encourage many authors to determine the possible differences between delimitation within the 200 of sea miles and beyond. The problem becomes more relevant due to the constantly emerging conflict of claims of the neighboring states upon the same parts of the shelf beyond the 200-mile limit. The materials for this research contain the regulations of the Convention, practice of international courts and arbitrations, works of the Russian and foreign scholars. The research demonstrated that the regulations of 1982 Convention ensure the apartness of the process of demarcation and delimitation of the shelf, as well as the lack of temporal relationship between them; the disputing parties on delimitation should not await for the Commission’s recommendations in order to proceed with its settlement. The decision of the International Tribunal for the Law of the Sea contributed to the clarification of multiple contradictory moments; although some questions on demarcation beyond the 200-mile distance and the role of Commission remain disputable. The judicial and arbitration practice along with the agreement-based activity of the littoral states will encourage filling of the remaining “gaps”.
Keywords: delineation of the continental shelf, maritime delimitation, delimitation of the continental shelf, the legal regime of the continental shelf, UNCLOS, the limits of the continental shelf, the settlement of maritime disputes, law of the sea, maritime boundaries, public international law
Article was received:03-03-2018
This article written in Russian. You can find full text of article in Russian here .