Exploitation of the Continental Shelf in Disputed Areas an Example of the Arctic Ocean

• Author: M. S. Peters
• Position: Xavier University Bhubaneswar, Xavier School of Sustainability (Odisha, India)
• Pages: 42-65

BRICS LAW JOURNAL Volume III (2016) Issue 1

EXPLoITaTIon oF THE ConTInEnTaL SHELF In DISPuTED aREaS

an EXaMPLE oF THE aRCTIC oCEan

MARY SABINA PETERS,

Xavier University Bhubaneswar, Xavier School of Sustainability

(Odisha, India)

DOI:10.21684/2412-2343-2016-3-1-42-65

This paper aims to examine the le gal regime rela ted to dene the outer limits of the

continental shelf beyond 200 NM. Firstly, special focus will be on the development of

the legal concept of the con tinental shelf. Relevant provisions of the LOS Convention

and Ar ticle 76 i n particular will be scrutinized. S ubsequently the re is an assumption

on wh ich the principles of the Arct ic outer continent al margin delimitat ion 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 t he 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 wi ll be concluded that ‘t here are some d iculties in implem enting th e Artic le 76

(locating the foot of the slope and dealing with r idge issues) , however it is possible

to delimit the continental ma rgin of the world based on the Article 76.’ Diculties in

implementing and some discrepancies in provisions of the Ar ticle 76 do not constitute

grounds for considering of a new legal approach. Discrepancies are mainly contained in

the Rules of Procedure and in the Scientic and Technical Guidelines of the Commission.

They can be disposed practical ly witho ut consi dering t he legal concept. In case of

unresolved land or maritime dispute the cooperation among coastal states is the best

way to avoid conicts while delimiting the outer continental margin.

Keywords: Delimitation under the Law of Sea; Article 76 of LOS; Commission and function

under LOS; Continental shelf and resource management; exploitation of Arctic.

Recommended citation: Mary Sabina Peters, The Exploitation of the Continental

Shelf in Disputed Areas on the Example of the Arctic Ocean, 3(1) BRICS Law Journal

42–65 (2016).

MARY SABINA PETERS 43

Table of Contents

1. Introduction

1.1. Premise

1.2. Indication of its Importance and Relevance

2. Legal Concept of the Continental Shelf

2.1. Legal and Historical Background

2.2. The Third United Nations Convention on the Law of the Sea

2.3. The Art icle 76 of the LOS Convention: Four Rules, Two Formulas and

Two Constraints

3. Problems of Delimitations. Methods and Criteria to Establish an Equitable

Solution

3.1. Principles of Arctic delimitation

3.2. The Determination of Title to the Arctic Continental Margin

4. The Role of the Commission on the Limits of the Continental Shelf

4.1. Functions and Constitutive Structure of the Commission

4.2. The Process of Submission

4.3. Submission of Coastal States to the Commission in Cases of Unresolved

or Maritime Disputes

5. State Practice Concerning the Establishment of the Outer Continental Margin

in the Arctic

5.1. The Submission of the Russian Federation

5.2. The Submission of Norway

5.3. Other Arctic States position: Canada, Denmark, the United States

6. Conclusion

1. Introduction

The adopt ion of the Convention on th e La w of th e S ea ( hereinaf ter LOS

Convention) and approaching of deadlines for Arctic Coastal States signalized a new

stage in struggle for the huge oil and gas reserves of the Arctic seabed. A new claim

to the parts of the Arctic outer co ntinental margin brings new challenges to the

international law related to the continental shelf in general, and delimitation of the

outer continental margin in particular. With the depletion of o il and gas reser ves

onshore and in traditional oshore provinces within 200 nautical miles the Arctic

attracts much more attenti on of the world -wide comm unity. Such heightened

attention could be explained by the fact that the Arctic consists of 1/4 of world’s

undiscovered hydrocarbon resources. As it was suggested by Young that ‘the world

was entering the ‘Age of the Arctic’ during which the Arctic region would begin to

play a dominant role in international aairs.’1

1 Donald Rothwell, The Polar Regions and the Development of International Law 224 (Cambridge University

Press 1996).