Article 76 of the UN Convention on the Law of the Sea—Implementation Problems from the Technical Perspective

in The International Journal of Marine and Coastal Law
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Abstract

The paper will discuss the technical problems experienced by coastal States when considering and preparing claims to an extended continental shelf in accordance with Article 76 and Annex II to the UN Convention on the Law of the Sea.The initial requirement to ascertain whether the State has the possibility of claiming a extended continental shelf and if so the securing of the political will to make provision for the technical process required to bring it to fruition will be discussed followed by the technical pitfalls that await an unwary State in the desk top study procedure.The paper will then discuss the data gathering phase and the subsequent processing and assessment of the data and the possible technical difficulties that may be encountered.Finally the paper will outline the vexed question of claims on ridges, focusing on what a ridge actually is within the wording of Article 76. The differences, if any between an "oceanic" ridge and a "submarine" ridge and possible claim solutions that may be considered by the claiming State. The lack of guidance from the Commission on the Limits of the Continental Shelf (CLCS) concerning this issue will also be highlighted.

Article 76 of the UN Convention on the Law of the Sea—Implementation Problems from the Technical Perspective

in The International Journal of Marine and Coastal Law

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