6 Final Remarks
The present concept of the legal continental shelf, as described on Article 76 of the
UNCLOS, reflects the achieved result from the negotiations during the III Conference on the Law of the Sea. This concept is no longer close to the proposed definition
presented by the end of the nineteenth century by Robert Mill. It is, however, an
alternative definition for a new maritime domain that inherits the same name but
regards to the full continental margin. The drafters of the UNCLOS, by idealizing a
model for the continental margin with a general and simplistic approach, have
unwittingly postponed the problem of the complex realism of the continental
margins around the world. The recipe—shelf, slope and rise—as easily represented
as a nice and clear profile seems to be an ideal exception, instead the general rule.
The problem was solved; however, we recognized that, despite all substantive
achievements of the UNCLOS, the real-world complexity of delimiting the continental shelf has made delimitation a puzzling task, challenging both States and
the CLCS.
Another important point to highlight, as final remark, is that the CLCS only
consider the data and information that was provided by the coastal State to certify the
submitted limits of the extended continental shelf beyond the 200 nautical miles. The
CLCS is not, by all mean, considered guardian of the Area—Common Heritage of
Mankind, but by setting the outer limit of the continental shelf is, in the limit, paving
the way to set the limit of the Area. We are in the process of reshaping our Global
Ocean and we are aware of that. Until now, the Secretary-General of the United
Nations has received only six deposits permanently describing the outer limits of the
continental shelf based on recommendations by the CLCS.
In 22 years of its existence, the CLCS has contributed to the implementation of
Article 76. It is a challenging assignment, but we can assure that the way is being
paved to the final goal as set out by the UNCLOS.
Elected Members of the CLCS (1997–2022)
Adnan Rashid Nasser Al-Azri (Oman) (2017–Present)
Hilal Mohamed Sultan Al-Azri (Oman) (2002–2007)
Alexandre Tagore Medeiros de Albuquerque (Brazil) (1997–2012), Chair
2007–2012
Muhammad Arshad (Pakistan) (2012–2017)
Osvaldo Pedro Astiz (Argentina) (1997–2012)
Lawrence F. Awosika (Nigeria) (1997–Present), Chair 2012–2017
Aly Ibrahim Beltagy (Egypt) (1997–2002)
Samuel Sona Betah (Cameroon) (1997–2007)
Harald Brekke (Norway) (1997–2012)
Aldino Santos de Campos (2017–Present)
200
A. S. de Campos
The present concept of the legal continental shelf, as described on Article 76 of the
UNCLOS, reflects the achieved result from the negotiations during the III Conference on the Law of the Sea. This concept is no longer close to the proposed definition
presented by the end of the nineteenth century by Robert Mill. It is, however, an
alternative definition for a new maritime domain that inherits the same name but
regards to the full continental margin. The drafters of the UNCLOS, by idealizing a
model for the continental margin with a general and simplistic approach, have
unwittingly postponed the problem of the complex realism of the continental
margins around the world. The recipe—shelf, slope and rise—as easily represented
as a nice and clear profile seems to be an ideal exception, instead the general rule.
The problem was solved; however, we recognized that, despite all substantive
achievements of the UNCLOS, the real-world complexity of delimiting the continental shelf has made delimitation a puzzling task, challenging both States and
the CLCS.
Another important point to highlight, as final remark, is that the CLCS only
consider the data and information that was provided by the coastal State to certify the
submitted limits of the extended continental shelf beyond the 200 nautical miles. The
CLCS is not, by all mean, considered guardian of the Area—Common Heritage of
Mankind, but by setting the outer limit of the continental shelf is, in the limit, paving
the way to set the limit of the Area. We are in the process of reshaping our Global
Ocean and we are aware of that. Until now, the Secretary-General of the United
Nations has received only six deposits permanently describing the outer limits of the
continental shelf based on recommendations by the CLCS.
In 22 years of its existence, the CLCS has contributed to the implementation of
Article 76. It is a challenging assignment, but we can assure that the way is being
paved to the final goal as set out by the UNCLOS.
Elected Members of the CLCS (1997–2022)
Adnan Rashid Nasser Al-Azri (Oman) (2017–Present)
Hilal Mohamed Sultan Al-Azri (Oman) (2002–2007)
Alexandre Tagore Medeiros de Albuquerque (Brazil) (1997–2012), Chair
2007–2012
Muhammad Arshad (Pakistan) (2012–2017)
Osvaldo Pedro Astiz (Argentina) (1997–2012)
Lawrence F. Awosika (Nigeria) (1997–Present), Chair 2012–2017
Aly Ibrahim Beltagy (Egypt) (1997–2002)
Samuel Sona Betah (Cameroon) (1997–2007)
Harald Brekke (Norway) (1997–2012)
Aldino Santos de Campos (2017–Present)
200
A. S. de Campos