As the world’s coastal states go about dividing up the ocean floor, the work of the Commission on the Limits of the Continental Shelf plays an increasingly important role. The Commission on the Limits of the Continental Shelf: Law and Legitimacy examines the Commission from two different but interrelated perspectives: a legal analysis of the Commission’s decision-making; and a study of normative legitimacy related to the Commission and its procedures. Insights into the history of the development of the concept of the continental shelf in the law of the sea are offered, including an explanation of how the institutionalized method for ascertaining continental shelf limits in the UN Convention on the Law of the Sea came into being. Through a deep-ranging analysis of the Commission and its work, the book introduces a framework for assessing best practices, and will serve as a useful reference for academics, scientists and policymakers alike.
About the Author
Øystein Jensen, Ph.D., University of Oslo, is Senior Research Fellow at the Fridtjof Nansen Institute.
Table of Contents
Chapter 1 Introduction 11.1 The Commission on the Limits of the Continental Shelf1.2 Outline Chapter 2 The Outer Limits of the Continental Shelf in International Law 2.1 Introduction 2.2 Concept and significance of the continental shelf 2.3 The early history of the regime of the continental shelf 2.4 Continental shelf claims and the development of international law 2.5 Limits to coastal state claims over the continental shelf 2.6 Assessment Chapter 3 Legal Aspects of the Commission’s Decision-making 3.1 Introduction 3.2 Outline 3.3 Legal aspects of the Commission’s procedural decision-making 3.4 Legal aspects of the Commission’s substantive decision-making 3.5 Legal effects of the Commission’s recommendations 3.6 Assessment Chapter 4 Legitimacy of the Commission and its Decision-making 4.1 Introduction 4.2 Outline 4.3 Legitimacy 4.5 Independence and impartiality 4.6 Procedures 4.7 Assessment Chapter 5 The Future of the Commission 5.1 Article 76 of the LOS Convention: An Opportunity Lost? 5.2 Obstacles to reform 5.3 Dislocation of decision-making Bibliography Table of cases Conventions and other international instruments Index