Finally, state practice and the production of soft law do play a role in equipping
UNCLOS for contemporary challenges. On the side of state practice, evolution
occurs via “subsequent agreements” (two of which adopted during the 1990s), or
reiterated action, which may contribute to a “subsequent practice”, pursuant to Art.
31 of the Vienna Convention on the Law of Treaties.
32 General rule to interpret in
good faith, respecting the meaning of the terms used, but also in the light of the
object and purpose of the treaty. On the soft law level, the Agenda 21 and the
adoption of a clear sustainable development goal, via the adoption of the precautionary principle for instance, has heavily influenced UNCLOS’ interpretations
regarding marine environmental affairs.
33
Regardless of the standpoint adopted by the legal operator (whether optimistically
facing UNCLOS as a living instrument, or rather pessimistically seeing the Convention as flawed body of provisions on several fields), one cannot deny the
profound change it effected on the continental shelf regime. Prior to the examination
of those changes, in particular relating to the possibility of a legal outer continental
shelf that may extend beyond the traditional 200 nm, this work ought to present the
state-of-the-art regarding principles and rules for the continental shelf as codified in
the Convention. Chapter 3 will then closely dissect the implications inherent to the
delineation of outer continental shelf limits.
The most relevant Part of UNCLOS for the purpose of this work is the Part VI,
which sets out the rules and principles applicable to the continental shelf and
concerns exclusively the natural resources present therein. In general, Part VI
provides a definition of continental shelf, features the formulae and methods for
delimiting its outer limits, creates the CLCS, displays the rights of coastal states over
that maritime space and specifies the legal status of the superjacent waters to the
continental shelf. It also provides rules for the laying of submarine cables and
pipelines on the shelf, as well as rules on contributions and payments demanded
from coastal states exploiting continental shelf resources beyond the 200-nm limit—
the so-called “revenue-sharing mechanism” of Art. 82. Finally, it contains commands regarding the delimitation of continental shelves between states with opposite
or adjacent coasts.
32 Vienna Convention on the Law of Treaties, 23 May 1969, United Nations, Treaty Series, vol.
1155, at 331.
33 The much spoken-about precautionary principle consists of a legal norm, gradually developed in
the past 40 years, that essentially imposes an obligation to take preventative measures in case of risk
to the environment and human health. In the realm of the law of the sea, namely in the case of deep
seabed mining, an activity inherently dangerous the precautionary principle remains as one of the
most relevant legal tools to be implemented by ocean-related organizations, such as the International Seabed Authority (ISA). A discreet element of precaution can be found in Art. 3(1), Annex
III, UNCLOS, on exploration and exploitation of the seabed.
2.2 UN Convention on the Law of the Sea: Cornerstone of the New Law of the Sea
27
UNCLOS for contemporary challenges. On the side of state practice, evolution
occurs via “subsequent agreements” (two of which adopted during the 1990s), or
reiterated action, which may contribute to a “subsequent practice”, pursuant to Art.
31 of the Vienna Convention on the Law of Treaties.
32 General rule to interpret in
good faith, respecting the meaning of the terms used, but also in the light of the
object and purpose of the treaty. On the soft law level, the Agenda 21 and the
adoption of a clear sustainable development goal, via the adoption of the precautionary principle for instance, has heavily influenced UNCLOS’ interpretations
regarding marine environmental affairs.
33
Regardless of the standpoint adopted by the legal operator (whether optimistically
facing UNCLOS as a living instrument, or rather pessimistically seeing the Convention as flawed body of provisions on several fields), one cannot deny the
profound change it effected on the continental shelf regime. Prior to the examination
of those changes, in particular relating to the possibility of a legal outer continental
shelf that may extend beyond the traditional 200 nm, this work ought to present the
state-of-the-art regarding principles and rules for the continental shelf as codified in
the Convention. Chapter 3 will then closely dissect the implications inherent to the
delineation of outer continental shelf limits.
The most relevant Part of UNCLOS for the purpose of this work is the Part VI,
which sets out the rules and principles applicable to the continental shelf and
concerns exclusively the natural resources present therein. In general, Part VI
provides a definition of continental shelf, features the formulae and methods for
delimiting its outer limits, creates the CLCS, displays the rights of coastal states over
that maritime space and specifies the legal status of the superjacent waters to the
continental shelf. It also provides rules for the laying of submarine cables and
pipelines on the shelf, as well as rules on contributions and payments demanded
from coastal states exploiting continental shelf resources beyond the 200-nm limit—
the so-called “revenue-sharing mechanism” of Art. 82. Finally, it contains commands regarding the delimitation of continental shelves between states with opposite
or adjacent coasts.
32 Vienna Convention on the Law of Treaties, 23 May 1969, United Nations, Treaty Series, vol.
1155, at 331.
33 The much spoken-about precautionary principle consists of a legal norm, gradually developed in
the past 40 years, that essentially imposes an obligation to take preventative measures in case of risk
to the environment and human health. In the realm of the law of the sea, namely in the case of deep
seabed mining, an activity inherently dangerous the precautionary principle remains as one of the
most relevant legal tools to be implemented by ocean-related organizations, such as the International Seabed Authority (ISA). A discreet element of precaution can be found in Art. 3(1), Annex
III, UNCLOS, on exploration and exploitation of the seabed.
2.2 UN Convention on the Law of the Sea: Cornerstone of the New Law of the Sea
27