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Chapter 33. Beyond Delimitation: Interaction between the Outer Continental Shelf and High Seas Regimes

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Chapter Summary

This chapter focuses on the issue of intersection between high seas and outer continental shelf rights. Article 78(2) states that the "exercise of the rights of coastal State over the continental shelf must not infringe or result in any unjustifiable interference with navigation and other rights and freedoms of other states". It is argued that this statement makes it clear that some interference with high seas freedoms is permissible in order to protect coastal States' interests in resources of sea floor. Young considered that it was obvious that including sedentary fisheries in continental shelf regime "increases the potential control which a coastal State can exert over other uses of high seas lying above its shelf". According to United Nations Convention on the Law of the Sea (LOSC), the coastal State's sovereign rights to the resources of the shelf are exclusive and cannot be undertaken by another State without express consent.

Keywords: coastal state's sovereign rights; continental shelf rights; high seas regimes; LOSC



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