Conference on the Law of the Sea; and (2) to provide scientific and technical advice,
if requested by the coastal State concerned during the preparation of the data for its
submission.
The need of a Commission emerged during the progress of the Third Conference
after realizing the complexity of the methodology to establish the outer limits of the
continental shelf. The first step in that direction was given, during the third session,
by the US Delegation, on May 1975, where was pointed out that the coastal States
should submit the data and information that support the limits to a designated
Continental Shelf Boundary Commission.
19 The specific functions of the Commission, the number of Commission members, and their fields of expertise were
proposed by Canada on April 1975. At that time, it was put forward 30 members
in the three areas of expertise (geology, geophysics or hydrography) and the two
main functions of the Commission were to certificate the delineation of the outer
limits of the continental shelf beyond 200 miles and to provide technical advice to a
coastal State upon request.
20 Beside the number of member, that became 21, all
proposals were very close to the final text of the UNCLOS.
During the eighth session, the USSR suggested the adoption of the term “recommendation” regarding to the decisions made by the Commission about the outer
limits of the continental shelf. These were to be considered, in the USSR proposal, as
final and unalterable.
21 The contents of Annex II, regarding the Commission on the
Limits of the Continental Shelf, were included in the draft text of the UNCLOS
during the Conference’s ninth session.
As it is today, in terms of its composition, the CLCS reflects our world. It consists
of 21 members who meet certain requirements. The first requirement, as proposed in
1975 by Canada, is the nature of their professional qualification. According to
Article 2 of Annex II to UNCLOS candidates eligible for the CLCS should be
experts in the areas of geology, hydrography or geophysics. The candidates are
elected by States Parties to the UNCLOS from among their nationals, having due
regard to the need to ensure equitable geographical representation (minimum of 3 per
UN region). The present geographic distribution specifies five seats for the African
Group, five seats for the Asia Pacific Group, three seats for Eastern Europe, four
seats for Latin America and the Caribbean (GRULAC), and three for Western
Europe and other countries (WEOG). There is also a floating seat that is presently
taken by a member of the African Group (but can be also assign to WEOG or Asia
Pacific Group).
The members of the CLCS are elected for a term of five years and they are eligible
for re-election. Finally, all the members of the CLCS shall serve in their personal
capacities with a duty to act independently and preserve confidentiality (they do not
represent their nominating States).
19 Suarez (2008), p. 49.
20 Suarez (2008), p. 52.
21 Suarez (2008), p. 63.
11 The Challenges of the Commission on the Limits of the Continental Shelf
197
if requested by the coastal State concerned during the preparation of the data for its
submission.
The need of a Commission emerged during the progress of the Third Conference
after realizing the complexity of the methodology to establish the outer limits of the
continental shelf. The first step in that direction was given, during the third session,
by the US Delegation, on May 1975, where was pointed out that the coastal States
should submit the data and information that support the limits to a designated
Continental Shelf Boundary Commission.
19 The specific functions of the Commission, the number of Commission members, and their fields of expertise were
proposed by Canada on April 1975. At that time, it was put forward 30 members
in the three areas of expertise (geology, geophysics or hydrography) and the two
main functions of the Commission were to certificate the delineation of the outer
limits of the continental shelf beyond 200 miles and to provide technical advice to a
coastal State upon request.
20 Beside the number of member, that became 21, all
proposals were very close to the final text of the UNCLOS.
During the eighth session, the USSR suggested the adoption of the term “recommendation” regarding to the decisions made by the Commission about the outer
limits of the continental shelf. These were to be considered, in the USSR proposal, as
final and unalterable.
21 The contents of Annex II, regarding the Commission on the
Limits of the Continental Shelf, were included in the draft text of the UNCLOS
during the Conference’s ninth session.
As it is today, in terms of its composition, the CLCS reflects our world. It consists
of 21 members who meet certain requirements. The first requirement, as proposed in
1975 by Canada, is the nature of their professional qualification. According to
Article 2 of Annex II to UNCLOS candidates eligible for the CLCS should be
experts in the areas of geology, hydrography or geophysics. The candidates are
elected by States Parties to the UNCLOS from among their nationals, having due
regard to the need to ensure equitable geographical representation (minimum of 3 per
UN region). The present geographic distribution specifies five seats for the African
Group, five seats for the Asia Pacific Group, three seats for Eastern Europe, four
seats for Latin America and the Caribbean (GRULAC), and three for Western
Europe and other countries (WEOG). There is also a floating seat that is presently
taken by a member of the African Group (but can be also assign to WEOG or Asia
Pacific Group).
The members of the CLCS are elected for a term of five years and they are eligible
for re-election. Finally, all the members of the CLCS shall serve in their personal
capacities with a duty to act independently and preserve confidentiality (they do not
represent their nominating States).
19 Suarez (2008), p. 49.
20 Suarez (2008), p. 52.
21 Suarez (2008), p. 63.
11 The Challenges of the Commission on the Limits of the Continental Shelf
197