short, that prerogative does not obliterate coastal state’s obligation to establish the
outer limits in accordance with Art. 76 (4) to (6) UNCLOS.
56
The Commission does not have the mandate to inspect whether a state’s outer
limits were established “on the basis of” its recommendations.
57 The command
given to the CLCS by the Convention is not as broad as to encompass such a
function. In this sense, analogies suggesting a link between the Commission and
police tasks regarding the issue of the continental shelf would be inappropriate. Only
states have the power to challenge outer limits that they suspect were not established
“on the basis of” the Commission’s recommendations, triggering UNCLOS Part XV
and the compulsory settlement system.
As to the “final and binding” character of outer limits established in consistency
with the Commission’s recommendations, it should be noted that the phrase may be
divided in two, for the sake of examination. Firstly, those limits will be final,
meaning that they become permanently fixed and not amenable to later change,
“even if the parameters on which it is based, such as the baseline, change”.
58
Secondly, they are binding for other states, including to non-parties to the Convention, given the customary nature of the Art. 76 delineation procedure, in a sense that
those states have the obligation to accept the outer limits fixed by the coastal state.
Once the CLCS has issued its recommendations and the coastal state has delineated the outer limits its continental shelf on the basis of those recommendations, the
next step is for the state to give publicity to the limits before the international
community. Hence, it is expected from states to deposit with the UN SecretaryGeneral the charts “permanently describing the outer limits of the continental
shelf”.
59 The Secretary-General shall then give publicity to those charts, as means
to inform the other states of the space beyond national jurisdiction, where the
international seabed starts and the common heritage principle applies. Noteworthy
is the character of permanency of those charts, which confirm the final nature of the
outer limits established on the basis of the Commission’s recommendations. That act
of depositing the charts certifies the closure of the delineation procedure, in consonance with Art. 76 UNCLOS, and marks the moment when the outer limits line
becomes binding both on the coastal state and on other state parties to the Convention, unless the line is subjected to a judicial dispute.
For the rest, Annex II of the Convention specifies the composition and functions
of the Commission, the obligations of coastal states towards the Commission, the
procedure within the Commission in the delineation of outer limits of the continental
shelf beyond 200 nm, amongst others. Thus, the Commission is composed by
56 That obligation is inscribed in Art. 76, paragraph 2, UNCLOS, according to which “the continental shelf shall not extend beyond the limits provided for in paragraphs 4 to 6” of Art.
76 (emphasis added).
57 McDorman (2002), p. 315.
58 ILA (2004), p. 23.
59 Art. 76, paragraph 9, UNCLOS. Such requirement is complemented by Art. 84, paragraph
2, UNCLOS, which compels the coastal state to “give due publicity” to charts and geographical
coordinates of the outer limits of the continental shelf.
58
3 The Continental Shelf Beyond 200 nm: Innovations in Art. 76 UNCLOS
outer limits in accordance with Art. 76 (4) to (6) UNCLOS.
56
The Commission does not have the mandate to inspect whether a state’s outer
limits were established “on the basis of” its recommendations.
57 The command
given to the CLCS by the Convention is not as broad as to encompass such a
function. In this sense, analogies suggesting a link between the Commission and
police tasks regarding the issue of the continental shelf would be inappropriate. Only
states have the power to challenge outer limits that they suspect were not established
“on the basis of” the Commission’s recommendations, triggering UNCLOS Part XV
and the compulsory settlement system.
As to the “final and binding” character of outer limits established in consistency
with the Commission’s recommendations, it should be noted that the phrase may be
divided in two, for the sake of examination. Firstly, those limits will be final,
meaning that they become permanently fixed and not amenable to later change,
“even if the parameters on which it is based, such as the baseline, change”.
58
Secondly, they are binding for other states, including to non-parties to the Convention, given the customary nature of the Art. 76 delineation procedure, in a sense that
those states have the obligation to accept the outer limits fixed by the coastal state.
Once the CLCS has issued its recommendations and the coastal state has delineated the outer limits its continental shelf on the basis of those recommendations, the
next step is for the state to give publicity to the limits before the international
community. Hence, it is expected from states to deposit with the UN SecretaryGeneral the charts “permanently describing the outer limits of the continental
shelf”.
59 The Secretary-General shall then give publicity to those charts, as means
to inform the other states of the space beyond national jurisdiction, where the
international seabed starts and the common heritage principle applies. Noteworthy
is the character of permanency of those charts, which confirm the final nature of the
outer limits established on the basis of the Commission’s recommendations. That act
of depositing the charts certifies the closure of the delineation procedure, in consonance with Art. 76 UNCLOS, and marks the moment when the outer limits line
becomes binding both on the coastal state and on other state parties to the Convention, unless the line is subjected to a judicial dispute.
For the rest, Annex II of the Convention specifies the composition and functions
of the Commission, the obligations of coastal states towards the Commission, the
procedure within the Commission in the delineation of outer limits of the continental
shelf beyond 200 nm, amongst others. Thus, the Commission is composed by
56 That obligation is inscribed in Art. 76, paragraph 2, UNCLOS, according to which “the continental shelf shall not extend beyond the limits provided for in paragraphs 4 to 6” of Art.
76 (emphasis added).
57 McDorman (2002), p. 315.
58 ILA (2004), p. 23.
59 Art. 76, paragraph 9, UNCLOS. Such requirement is complemented by Art. 84, paragraph
2, UNCLOS, which compels the coastal state to “give due publicity” to charts and geographical
coordinates of the outer limits of the continental shelf.
58
3 The Continental Shelf Beyond 200 nm: Innovations in Art. 76 UNCLOS