Constance Johnson Alex Oude Elferink
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Constance Johnson Alex Oude Elferink Submissions to the CLCS in Cases of Unresolved Land and Maritime Disputes: The Significance of Article 76(10) of the LOS Convention
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Constance Johnson Alex Oude Elferink. Submissions to the CLCS in Cases of Unresolved Land and Maritime Disputes: The Significance of Article 76(10) of the LOS Convention. LOS Convention, article 76(10) - PowerPoint PPT Presentation
Transcript of Constance Johnson Alex Oude Elferink
Constance Johnson Alex Oude Elferink
Submissions to the CLCS in Cases of Unresolved Land and Maritime Disputes:The Significance of Article 76(10) of the LOS Convention
LOS Convention, article 76(10)
The provisions of this article are without prejudice to the question of delimitation of the continental shelf between States with opposite or adjacent coasts.
LOS Convention, Annex II, article 9
The actions of the Commission shall not prejudice matters relating to delimitation of boundaries between States with opposite or adjacent coasts.
Rules of Procedure of the CLCS, Annex I, paragraphs 3 and 5(a)
3. A submission may be made by a coastal State for a portion of its continental shelf in order not to prejudice questions relating to the delimitation of boundaries between States in any other portion or portions of the continental shelf for which a submission may be made later, notwithstanding the provisions regarding the ten-year period established by article 4 of Annex II to the Convention.
5. (a) In cases where a land or maritime dispute exists, the Commission
shall not consider and qualify a submission made by any of the States concerned in the dispute. However, the Commission may consider one or more submissions in the areas under dispute with prior consent given by all States that are parties to such a dispute.
CONCLUSIONS
Article 76(10) provides a guarantee
Annex I, Rules of Procedure might seem to give other States control over whether the submission is considered at all but should not be viewed in isolation from the LOSC Convention
Submissions which raises issues of delimitation of the continental shelf other States: in principle should accept the consideration of the submission coastal State should only limit the area if it overlaps with the CS of another State
“other land and maritime disputes” other States: rights not explicitly safeguarded by the Convention different if one outcome of a dispute would lead to different outer limits of the CS than another outcome
State Practice generally confirms the above analysis
Article 76(10) and CLCS procedure assist in creating certainty about the location of the boundaries of the continental shelf to the largest extent possiblesignificantly contribute to the stability and finality of ocean boundaries
