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Oxford Law Citator
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The Continental Shelf Beyond 200 Nautical Miles - Rights and Responsibilities by Mossop, Joanna (8th December 2016)
Preliminary Material
Dedication
Preface
Acknowledgements
Contents
Table of Cases
International Court of Justice/Permanent Court of International Justice
International Tribunal for the Law of the Sea
International Arbitration
Table of Treaties
List of Abbreviations
Main Text
1 Introduction
A Terminology
B An Overview of Coastal States’ Rights and Obligations on the Continental Shelf
(1) The development of the law of the sea
(2) Part VI of the Law of the Sea Convention
C Chapter Overview
D Conclusion
2 Resources and Human Activities on the Continental Shelf Beyond 200 Nautical Miles
A What is the Continental Shelf?
B The Living Resources and the Seabed Environment of the Continental Shelf
(1) Seamount ecosystems
(2) Ecosystems at hydrothermal vents and cold seeps
C Exploitation of Living Resources
(1) Fishing
(2) Bioprospecting
D The Non-living Resources of the Continental Shelf
(1) Hydrocarbons
(2) Minerals
E Exploitation of Non-living Resources
(1) Hydrocarbon exploration and exploitation
(2) Mineral exploration and exploitation
F Other Activities with a Direct Impact on the Seafloor
(1) Waste disposal
(2) Climate change mitigation measures
(a) Carbon sequestration in the seabed
(b) Release of carbon dioxide into the deep ocean
(3) Marine scientific research
(4) Ecotourism
G Conclusion
3 The Development of Sovereign Rights to Continental Shelf Resources
A Overview of the Development of Continental Shelf Law
(1) The origins of the continental shelf doctrine
(2) The International Law Commission and the 1958 Continental Shelf Convention
(3) The continental shelf in the Law of the Sea Convention
B Sedentary Species
(1) The origins of the sedentary species doctrine
(2) The definition of sedentary species
C The Outer Limits of the Continental Shelf
(1) Outer limits under the Continental Shelf Convention
(2) Outer limits under the Law of the Sea Convention
(3) The Commission on the Limits of the Continental Shelf
(4) The relationship between CLCS recommendations and the rights of the coastal State
(a) Nicaragua v Honduras
(b) Bay of Bengal case
(c) Nicaragua v Colombia
D The Status of Part VI of the Law of the Sea Convention in Customary International Law
(1) Customary international law status of article 76
(2) Customary international law status of article 82
E Conclusion
4 Living Resources and Protection of the Environment on the Continental Shelf Beyond 200 Nautical Miles
A Environmental Obligations in Relation to the Extended Continental Shelf
(1) Law of the Sea Convention
(a) Part VI of the Law of the Sea Convention: The continental shelf
(b) Part XII of the Law of the Sea Convention: Protection and preservation of the marine environment
(2) Multilateral treaties
(3) Customary international law
(a) Obligation not to cause transboundary harm and duty of prevention
(b) Obligation to exercise due diligence
(4) United Nations General Assembly resolutions and other non-binding instruments
(5) Summary of obligations
(6) Creation of marine protected areas
B Bioprospecting
(1) Distinguishing between bioprospecting and marine scientific research
(2) Bioprospecting and the Law of the Sea Convention
(3) The Convention on Biological Diversity
(4) The Law of the Sea Convention and the Convention on Biological Diversity
C Fishing
D Conclusion
5 Non-living Resources on the Continental Shelf Beyond 200 Nautical Miles
A Mining and the Article 82 Obligation to Make Payments
(1) Background to article 82
(2) Approach to interpretation of article 82
(3) Ambiguities in article 82
(a) Payments or contributions in kind
(b) Determining the value of payments and contributions
(c) Exemption from payments for developing States
(d) Role of the ISA
(4) Options for settling article 82 disputes
(5) Cross-boundary issues
(a) Fields located across the 200 nm line on the continental shelf
(b) Transboundary resources that cross the maritime boundaries of two or more States
(c) Transboundary fields where there are disputed claims
(d) Fields lying under the continental shelf and the Area
B Installations and Structures on the Extended Continental Shelf
C Carbon Dioxide Sequestration
D Conclusion
6 Marine Scientific Research
A Types of Marine Scientific Research
B Coastal State Jurisdiction Over Marine Scientific Research Under the Law of the Sea Convention
C The Scope of Coastal State Jurisdiction in Relation to Research Above the Extended Continental Shelf
(1) Exploitation versus marine scientific research
(2) Activities over which coastal States have jurisdiction on the extended continental shelf
(a) The Continental Shelf Convention
(b) The Law of the Sea Convention
D Issues Arising from Article 246(6)
(1) Interpreting article 246(6)
(2) Application of article 246(6) to living resources
E Conditions of Granting Consent for Marine Scientific Research Projects
F Conclusion
7 The Intersection Between Coastal State Rights and High Seas Freedoms
A The Law of the Sea Convention and the Balancing of State Rights
(1) Drafting history of article 78
(a) The 1958 Convention on the Continental Shelf
(b) The Law of the Sea Convention
(2) Other balancing provisions in the Law of the Sea Convention
(a) Prohibition on interference
(b) ‘Due regard’
(c) Comparison of balancing provisions in the Law of the Sea Convention
(3) Interpreting article 78(2)
B A Framework for Balancing Rights on the Extended Continental Shelf
(1) Principles and approach to balancing rights under article 78(2)
(a) Likelihood of interference with continental shelf resources and level of harm
(b) Relative importance of the interests
(c) Minimal interference
(d) Role of international or regional institutions and soft law instruments
(e) Consultation with affected States
(2) Application of the framework
(a) Example one: bottom trawling for high seas resources
(b) Example two: restrictions on navigation around survey vessels operating above the continental shelf
C Conclusion
8 Enforcement Powers of Coastal States in Relation to the Continental Shelf Beyond 200 Nautical Miles
A Arguments Against an Enforcement Right
B Arguments in Favour of an Enforcement Right
(1) Academic views of the Continental Shelf Convention and enforcement jurisdiction
(2) State practice under the Continental Shelf Convention
(3) Developments under the Law of the Sea Convention
(a) State practice
(b) International decisions
C Conclusion
9 Cooperative Approaches to Regulating Activities on the Continental Shelf Beyond 200 Nautical Miles
A Example 1: Multilateral Regional Cooperation in the North-east Atlantic
(1) Portugal in the North-east Atlantic
(2) Lessons from the North-east Atlantic experience
(a) Importance of the existence and competence of the international organizations
(b) Cooperation and coordination problems
(c) Scientific and legal uncertainty
(d) Application to third-party States
(e) Conclusion
B Example 2: Bilateral Cooperation Between Mauritius and the Seychelles
C Cooperation with International and Regional Organizations
(1) Regional fisheries management organizations
(2) International Maritime Organization
(3) International Seabed Authority
(4) Other relevant international organizations
D Conclusion
10 Looking Ahead
A Disputed Areas
B Developing States and the Information Gap
C The Intersection Between the Extended Continental Shelf and an International Agreement for Biodiversity Beyond National Jurisdiction
D Conclusion
Further Material
Bibliography
Index
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Contents
From:
The Continental Shelf Beyond 200 Nautical Miles: Rights and Responsibilities
Joanna Mossop
Content type:
Book content
Product:
Oxford Scholarly Authorities on International Law [OSAIL]
Published in print:
08 December 2016
ISBN:
9780198766094
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