as the Group of the 77. In any case, the reference to states in plural does not affect the
meaning of the expression nor the clarity of the argument.
Still on the employment of the word “state”, this study adopted the lowercase
form, another political statement. This time, it relates to the struggle against hierarchy between the subjects of international law: as long as persons are referred to in
lowercase, so should be international organizations and states. In addition to the
political motivation, that also reflects an option of style. Whenever the study quotes
the writings of other scholars, though, capital letter is preserved.
The words “oceans” and “seas” in abstracto are used interchangeably, in order to
refer to massive bodies of water separating land that possess their own chemical
dynamics and functioning.
52 Respect will be paid, nonetheless, to the kind of fixed
expressions referred to supra, such as “territorial sea” or “regional seas programme”.
With respect to the expression “continental shelf beyond 200 nautical miles”, the
literature has more often than not chosen to use of a shorter version for it, as “outer”
or “extended” continental shelf. Whereas UNCLOS Art. 76 (5) to (9) refers to the
“outer limits of the continental shelf”, nowhere in the Convention are the phrases
“outer” or “extended” continental shelf to be read. Within international courts and
tribunals, the full expression is favorited: “continental shelf beyond 200 nm”.
The Arbitral Tribunal in the Barbados v. Trinidad and Tobago case refused to use
the term “extended” continental shelf, for it could lead to the false impression that
the shelf was being factually extended,
53 when, as a matter of fact, it was not; it has
been there ab initio. Just the outer limits over which the coastal state exercises
sovereign rights on the continental shelf are increased, in a purely legal move that
prompts scholars to indicate a “legal continental shelf”.
54 That same Arbitral Tribunal opted to use the expression “outer continental shelf”.
Yet, it is tempting to use the shorter description for reasons of practicability, so as
to enable the text a better flow, particularly in light of the need to constantly refer to
that maritime area. Besides, the context of the work suffices to clear confusions
regarding to meaning of the shorter expressions. Hence, this work will rely on
previously used forms “outer” and “extended” continental shelf interchangeably.
Eventually, the expression “shelf” may come unaccompanied of the additional
“continental”, as the meaning of the concept is understandable from the context of
the discussion. As a standard for this kind of work, it should also be noted that the
meaning of “outer continental shelf” adopted here differs from that of American
52 This work is aware of the distinction adopted by NOAA, according to which “seas are smaller
than oceans and are usually located where the land and ocean meet. Typically, seas are partially
enclosed by land”. See NOAA, What’s the difference between an ocean and a sea?, available online
at: https://oceanservice.noaa.gov/facts/oceanorsea.html. Accessed 30 March 2020.
53 PCA Arbitration between Barbados and the Republic of Trinidad and Tobago, relating to the
delimitation of the exclusive economic zone and the continental shelf between them, vol XXVII,
11 April 2006, 165.
54 Suarez (2008), p. 13.
16
1 Introduction: Setting the Stage
meaning of the expression nor the clarity of the argument.
Still on the employment of the word “state”, this study adopted the lowercase
form, another political statement. This time, it relates to the struggle against hierarchy between the subjects of international law: as long as persons are referred to in
lowercase, so should be international organizations and states. In addition to the
political motivation, that also reflects an option of style. Whenever the study quotes
the writings of other scholars, though, capital letter is preserved.
The words “oceans” and “seas” in abstracto are used interchangeably, in order to
refer to massive bodies of water separating land that possess their own chemical
dynamics and functioning.
52 Respect will be paid, nonetheless, to the kind of fixed
expressions referred to supra, such as “territorial sea” or “regional seas programme”.
With respect to the expression “continental shelf beyond 200 nautical miles”, the
literature has more often than not chosen to use of a shorter version for it, as “outer”
or “extended” continental shelf. Whereas UNCLOS Art. 76 (5) to (9) refers to the
“outer limits of the continental shelf”, nowhere in the Convention are the phrases
“outer” or “extended” continental shelf to be read. Within international courts and
tribunals, the full expression is favorited: “continental shelf beyond 200 nm”.
The Arbitral Tribunal in the Barbados v. Trinidad and Tobago case refused to use
the term “extended” continental shelf, for it could lead to the false impression that
the shelf was being factually extended,
53 when, as a matter of fact, it was not; it has
been there ab initio. Just the outer limits over which the coastal state exercises
sovereign rights on the continental shelf are increased, in a purely legal move that
prompts scholars to indicate a “legal continental shelf”.
54 That same Arbitral Tribunal opted to use the expression “outer continental shelf”.
Yet, it is tempting to use the shorter description for reasons of practicability, so as
to enable the text a better flow, particularly in light of the need to constantly refer to
that maritime area. Besides, the context of the work suffices to clear confusions
regarding to meaning of the shorter expressions. Hence, this work will rely on
previously used forms “outer” and “extended” continental shelf interchangeably.
Eventually, the expression “shelf” may come unaccompanied of the additional
“continental”, as the meaning of the concept is understandable from the context of
the discussion. As a standard for this kind of work, it should also be noted that the
meaning of “outer continental shelf” adopted here differs from that of American
52 This work is aware of the distinction adopted by NOAA, according to which “seas are smaller
than oceans and are usually located where the land and ocean meet. Typically, seas are partially
enclosed by land”. See NOAA, What’s the difference between an ocean and a sea?, available online
at: https://oceanservice.noaa.gov/facts/oceanorsea.html. Accessed 30 March 2020.
53 PCA Arbitration between Barbados and the Republic of Trinidad and Tobago, relating to the
delimitation of the exclusive economic zone and the continental shelf between them, vol XXVII,
11 April 2006, 165.
54 Suarez (2008), p. 13.
16
1 Introduction: Setting the Stage