Chapter 2
The General International Legal Regime
of the Continental Shelf
The new law of the sea received this qualifier in the years following the adoption of
UNCLOS to mark the paradigmatic shift between maritime provisions that had
existed before it and those which were born after it. The negotiation of the Convention, a herculean task which aimed at regulating all known uses of the oceans and
redefining powers and obligations over newly crafted zones, is still praised as a
landmark in international law. In fact, for some authors, it marked the beginning of a
new era for the law of the sea, one that features a more balanced distribution of rights
and duties over the seas, in accordance with the emergence both of independent
states following the decolonization wave of the 1960s and modern technologies
enabling intense commercial uses of the oceans.
A renewed regime that was forged on systematic opposition to the traditional
order of the oceans, and on the practice of territorialization and disorder in the
pre-UNCLOS ocean system. Such subversive behavior by several states was important, as it defied the model of colonial spoliation which inspired the traditional
international law of the sea (customary and convention) until that time. The “new”
law of the sea, as opposed to the old one, was thus sensitive to social, economic and
human needs, which sees in maritime spaces not just the ideal landscape for
navigation, but also the treasures capable of satisfying various needs of peoples. In
short, a law of the sea focused on enhancing life conditions of each people and of
humanity as a whole.
1 It is juridically accurate, thus, to refer to special regimes in
international law, the new law of the sea being case in point.
In order to make that clear, this chapter undertakes a brief incursion into issues
dear to the theory of international law, namely the emergence of special regimes and
the mutual relationship between them, so as to pave the way for material discussions
on the legal regime applicable to the continental shelf.
1 See generally Rangel (1966).
© The Editor(s) (if applicable) and The Author(s), under exclusive licence to
Springer Nature Switzerland AG 2020
V. Alencar Mayer Feitosa Ventura, Environmental Jurisdiction in the Law of the Sea,
https://doi.org/10.1007/978-3-030-50543-1_2
19
The General International Legal Regime
of the Continental Shelf
The new law of the sea received this qualifier in the years following the adoption of
UNCLOS to mark the paradigmatic shift between maritime provisions that had
existed before it and those which were born after it. The negotiation of the Convention, a herculean task which aimed at regulating all known uses of the oceans and
redefining powers and obligations over newly crafted zones, is still praised as a
landmark in international law. In fact, for some authors, it marked the beginning of a
new era for the law of the sea, one that features a more balanced distribution of rights
and duties over the seas, in accordance with the emergence both of independent
states following the decolonization wave of the 1960s and modern technologies
enabling intense commercial uses of the oceans.
A renewed regime that was forged on systematic opposition to the traditional
order of the oceans, and on the practice of territorialization and disorder in the
pre-UNCLOS ocean system. Such subversive behavior by several states was important, as it defied the model of colonial spoliation which inspired the traditional
international law of the sea (customary and convention) until that time. The “new”
law of the sea, as opposed to the old one, was thus sensitive to social, economic and
human needs, which sees in maritime spaces not just the ideal landscape for
navigation, but also the treasures capable of satisfying various needs of peoples. In
short, a law of the sea focused on enhancing life conditions of each people and of
humanity as a whole.
1 It is juridically accurate, thus, to refer to special regimes in
international law, the new law of the sea being case in point.
In order to make that clear, this chapter undertakes a brief incursion into issues
dear to the theory of international law, namely the emergence of special regimes and
the mutual relationship between them, so as to pave the way for material discussions
on the legal regime applicable to the continental shelf.
1 See generally Rangel (1966).
© The Editor(s) (if applicable) and The Author(s), under exclusive licence to
Springer Nature Switzerland AG 2020
V. Alencar Mayer Feitosa Ventura, Environmental Jurisdiction in the Law of the Sea,
https://doi.org/10.1007/978-3-030-50543-1_2
19