21 members, experts in geology, geophysics and hydrography, nominated and
elected by states parties to UNCLOS on the basis of “equitable geographic representation”, conforming to Annex’s Art. 2.
60
Regarding the Commission’s legal and technical framework, it is basically
restricted to UNCLOS Art. 76 and Annex II, alongside other rules of international
law directly pertinent to the delineation process. In addition to those provisions, the
CLCS has made use of the Kompetenz-Kompetenz principle in order to design its
own rules of procedure. In other words, the Commission has invoked a power
common to international organization and bodies to approve its own statute and
working guidelines, a fundamental step to the performance of the Commission’s
duties. This understanding is compatible with the 1949 Advisory Opinion by the ICJ
on the compensation for damage occurred while serving the UN. Hence, the
Commission has adopted its Rules of Procedure
61 and the Scientific and Technical
Guidelines,
62 an attempt to unify procedures before the CLCS and to uniformize
recommendations.
63
3.3.1 Challenges to the Work of the Commission
During UNCLOS’ negotiations, states expected no more than 35 submissions for
outer continental shelves.
64 Nowadays, there are 78 submissions and 4 revised
submissions under analysis,
65 i.e. more than the double of what was expected. If,
on the one hand, that shows an almost universal use of Art. 76 and its procedures, it
also implies a gigantic amount of work for a body comprised of only 21 members,
who meet for no longer than 20 weeks each year on a pro bono basis, without any
60 The Commission is allowed to work in cooperation with the International Oceanographic
Commission (IOC) of UNESCO and the International Hydrographic Organization (IHO), when
necessary and useful, through the exchange of scientific and technical information. It is not just a
permission for the Commission, but in fact, it could be seen as a recommendation.
61 Rules of Procedure of the Commission on the Limits of the Continental Shelf. CLCS/40/Rev.1,
adopted on 17 April 2008. Available at: http://www.un.org/depts/los/clcs_new/commission_rules.
htm. Accessed 06 April 2020.
62 Scientific and Technical Guidelines of the Commission on the Limits of the Continental Shelf.
CLCS/11, adopted on 13 May 1999. Available at: http://www.un.org/depts/los/clcs_new/commis
sion_guidelines.htm. Accessed 06 April 2020.
63 Besides, the CLCS developed methodologies for states to present submissions: joint submissions
and partial submissions—such terms and methods are not in UNCLOS. However, Annex I provides
the needed avenues for interstate cooperation.
64 See generally Carrera (2017).
65 The complete list of submissions is to be found at the website of the Commission: http://www.un.
org/depts/los/clcs_new/commission_submissions.htm. Accessed 06 April 2020.
3.3 Delineating: The Commission on the Limits of the Continental Shelf
59
elected by states parties to UNCLOS on the basis of “equitable geographic representation”, conforming to Annex’s Art. 2.
60
Regarding the Commission’s legal and technical framework, it is basically
restricted to UNCLOS Art. 76 and Annex II, alongside other rules of international
law directly pertinent to the delineation process. In addition to those provisions, the
CLCS has made use of the Kompetenz-Kompetenz principle in order to design its
own rules of procedure. In other words, the Commission has invoked a power
common to international organization and bodies to approve its own statute and
working guidelines, a fundamental step to the performance of the Commission’s
duties. This understanding is compatible with the 1949 Advisory Opinion by the ICJ
on the compensation for damage occurred while serving the UN. Hence, the
Commission has adopted its Rules of Procedure
61 and the Scientific and Technical
Guidelines,
62 an attempt to unify procedures before the CLCS and to uniformize
recommendations.
63
3.3.1 Challenges to the Work of the Commission
During UNCLOS’ negotiations, states expected no more than 35 submissions for
outer continental shelves.
64 Nowadays, there are 78 submissions and 4 revised
submissions under analysis,
65 i.e. more than the double of what was expected. If,
on the one hand, that shows an almost universal use of Art. 76 and its procedures, it
also implies a gigantic amount of work for a body comprised of only 21 members,
who meet for no longer than 20 weeks each year on a pro bono basis, without any
60 The Commission is allowed to work in cooperation with the International Oceanographic
Commission (IOC) of UNESCO and the International Hydrographic Organization (IHO), when
necessary and useful, through the exchange of scientific and technical information. It is not just a
permission for the Commission, but in fact, it could be seen as a recommendation.
61 Rules of Procedure of the Commission on the Limits of the Continental Shelf. CLCS/40/Rev.1,
adopted on 17 April 2008. Available at: http://www.un.org/depts/los/clcs_new/commission_rules.
htm. Accessed 06 April 2020.
62 Scientific and Technical Guidelines of the Commission on the Limits of the Continental Shelf.
CLCS/11, adopted on 13 May 1999. Available at: http://www.un.org/depts/los/clcs_new/commis
sion_guidelines.htm. Accessed 06 April 2020.
63 Besides, the CLCS developed methodologies for states to present submissions: joint submissions
and partial submissions—such terms and methods are not in UNCLOS. However, Annex I provides
the needed avenues for interstate cooperation.
64 See generally Carrera (2017).
65 The complete list of submissions is to be found at the website of the Commission: http://www.un.
org/depts/los/clcs_new/commission_submissions.htm. Accessed 06 April 2020.
3.3 Delineating: The Commission on the Limits of the Continental Shelf
59