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Third-Party Reactions To Continental Shelf Submissions And Their Treatment By The Commission On The Limits Of The Continental Shelf

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Chapter Summary

The establishment of the outer limits of the continental shelf is the act of a coastal State but the breadth of the continental shelf is determined by the United Nations Convention on the Law of the Sea. This chapter seeks to determine the governing legal framework in cases where a submitting coastal State is discontented with the findings of the Commission. It starts from the premise that the Commission is a technical treaty-created body which cannot make recommendations in isolation of legal considerations. The chapter considers the advisory options open to the Commission prior to examining the applicable principles, where a submitting coastal State may contend that the recommendations of the Commission are inconsistent with Article 76 of the Convention. The Commission has only considered a small number of submissions in comparison to the pending submissions waiting to be considered together with an impressive number of submissions of preliminary data.

Keywords:Article 76; coastal State; continental shelf



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