Exploitation of the continental shelf in disputed areas on the example of the Arctic Ocean

Abstract

This paper aims to examine the legal regime related to define the outer limits of the continental shelf beyond 200 NM. Firstly, special focus will be on the development of the legal concept of the continental shelf. Relevant provisions of the LOS Convention and Article 76 in particular will be scrutinized. Subsequently there is an assumption on which the principles of the Arctic outer continental margin delimitation will be conducted in relation of hypothetic application during the practice of an international adjudicative body. The delimitation within 200 NM and beyond 200 NM will be compared. The fourth chapter will be concentrated on the role of the Commission as an important participant of delimitation process. Also there will be a general overview of the state practice concerning the establishment of the outer continental margin in the Arctic, the reaction of other Arctic States and recommendations of the Commission. It will be concluded that ‘there are some difficulties in implementing the Article 76 (locating the foot of the slope and dealing with ridge issues), however it is possible to delimit the continental margin of the world based on the Article 76’. Difficulties in implementing and some discrepancies in provisions of the Article 76 do not constitute grounds for considering of a new legal approach. Discrepancies are mainly contained in the Rules of Procedure and in the Scientific and Technical Guidelines of the Commission. They can be disposed practically without considering the legal concept. In case of unresolved land or maritime dispute the cooperation among coastal states is the best way to avoid conflicts while delimiting the outer continental margin.