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Appraisal of Applicable Depth Constraint for the Purpose of Establishing the Outer Limits of the Continental Shelf

2010; Taylor & Francis; Volume: 41; Issue: 4 Linguagem: Inglês

10.1080/00908320.2010.521035

1521-0642

Bjørn Kunoy, Martin V. Heinesen, Finn Mørk,

Coastal and Marine Management

Of the two constraint criteria in Article 76(5–6) of the 1982 United Nations Convention on the Law of the Sea, only the distance constraint may be applied on submarine ridges. But on submarine elevations that are natural components of the continental margin, the two constraints may be combined. In its Scientific and Technical Guidelines, the Commission on the Limits of the Continental Shelf recommends a number of considerations regarding the selection of points along the 2,500-meter isobath with regard to the construction of applicable depth constraint lines. However, in its considerations of coastal states’ outlined outer limits, there are clear inconsistencies between the principles adopted by the Commission and the Guidelines governing the determination of valid 2,500-meter isobaths for the purpose of delineating the outer limits of the continental shelf. Further, and more importantly, the consistency of the approach embraced by the Commission with Article 76(6) of the LOS Convention may be questioned.