A referral process to the commission on the limits of the continental shelf in the delimitation of the continental shelf beyond 200 m process: An appraisal

De Herdt, Sandrine W (2020) A referral process to the commission on the limits of the continental shelf in the delimitation of the continental shelf beyond 200 m process: An appraisal. International Journal of Marine and Coastal Law, 35 (4). pp. 682-703. ISSN 9273522

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Abstract

Proposals have been flagged by judges at the International Tribunal for the Law of the Sea and legal scholars to develop the relationship between the Commission on the Limits of the Continental Shelf (CLCS) and international courts and tribunals regarding the proof of existence of continental shelf entitlement. It has been suggested international courts and tribunals request ‘expert assistance’, make a ‘reference procedure’, or seek a ‘preliminary ruling’ from the CLCS in order to verify the State party’s entitlement to a continental shelf beyond 200 nautical miles when the delimitation process occurs in the absence of recommendations issued by the CLCS. This article assesses the potential for a referral process bridging the relationship between the CLCS and courts and tribunals. It considers more specifically the necessity of such a mechanism and the legal challenges that are likely to arise in its establishment.

Item Type: Article
Keywords: Continental Shelf | Expert Assistance | Entitlement | Delimitation Beyond 200 M | Test of Appurtenance
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 28 Dec 2021 11:34
Last Modified: 28 Dec 2021 11:34
Official URL: https://doi.org/10.1163/15718085-BJA10017
URI: https://pure.jgu.edu.in/id/eprint/430

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