Digital Commons Network^™

A Flexible Approach To Reach An Equitable Solution: The Application Of Principles To The Delimitation Of The Continental Shelf, Ángeles Jiménez García-Carriazo

International Law Studies

The delimitation of the continental shelf is an old exercise shaped by case law and State practice. Although every delimitation is unique, judicial practice has provided guidance about the principles to be applied in pursuit of an equitable solution. This article examines the guiding doctrines, the contemporary principles, and the emerging principles and rules in the delimitation of the continental shelf. It first analyzes the role of principles in continental shelf delimitation within two hundred nautical miles. Subsequently, it examines whether the same principles apply to the delimitation of the extended continental shelf, considering that the entitlement within two hundred …

Equitable Considerations In The Delimitation Of The Continental Shelf, Murat Sümer

International Law Studies

The delimitation of the continental shelf is often regarded as one of the most controversial inter-State delimitation disputes due to the significant advantages it can offer to coastal States. Since the conception of the continental shelf regime, i.e., the 1945 Truman Proclamation, equitable considerations have been central to the delimitation of this zone, which has been consistently reflected in the jurisprudence and in UNCLOS.

As an umbrella instrument with a framework character, UNCLOS usually suffices to stipulate the fundamental norms and principles. This was also the case for the delimitation of the continental shelf. Article 83, whilst not prescribing a …

China’S Iuu Fishing Fleet: Pariah Of The World’S Oceans, Raul (Pete) Pedrozo

International Law Studies

The leading global maritime security threat today is illegal, unreported, and unregulated (IUU) fishing. Left unchecked, IUU fishing exacerbates the depletion of fish stocks, thereby contributing to global geo-political instability by increasing tension among competing distant water fishing fleets, threatening the sustainability of coastal States’ fisheries, and damaging fragile ecosystems. This article reviews the regulatory framework applicable to IUU fishing. It then discusses China’s predatory fishing practices in various regions of the world. The article then examines the principle of exclusive flag State jurisdiction on the high seas and suggests that Chinese distant water fishing vessels that change their name …

Enclosure Of The Oceans Versus The Common Heritage Of Mankind: The Inherent Tension Between The Continental Shelf Beyond 200 Nautical Miles And The Area, Michael W. Lodge

International Law Studies

The 1982 United Nations Convention on the Law of the Sea (UNCLOS) is a major achievement of diplomacy in the late twentieth century and is rightly regarded as the “constitution for the ocean.” UNCLOS has withstood the test of time and has demonstrated its flexibility and adaptability to changing circumstances. Notwithstanding, there is an underlying tension at the heart of UNCLOS as it tries to reconcile two fundamentally different approaches—the exclusivity of coastal State jurisdiction versus the international character and shared space of the Area beyond national jurisdiction. As the search for mineral deposits in the Area intensifies, and as …