Chapter

The Continental Shelf

O.P. Sharma

in The International Law of the Sea

Published in print June 2010 | ISBN: 9780198060000
Published online October 2012 | e-ISBN: 9780199081981 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198060000.003.0006
The Continental Shelf

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This chapter discusses the concept of the continental shelf which has global importance because of its mineral and other resources such as oil. This concept of rights over submerged lands beyond territorial waters was charged to oblivion until 1942 when an important treaty (between the UK and Venezuela) was concluded, dividing into two parts the submarine areas of the Gulf of Paria. Laws relating to national jurisdiction over seabed resources are critical to most coastal States. The problem of determining the outer limits of the legal continental shelf was set for discussions in the Third United Nations Conference on the Law of the Sea (UNCLOS) in Geneva (with special reference to the Irish Formula and India’s acceptance of it) which are described in detail. The author then discusses the doctrine of equitable principles as being the fundamental norm of customary international law governing maritime boundary delimitation. The chapter concludes by dangers faced by a State’s continental shelf in that ‘enemy’ dormant mines and submarine listening posts etc. can be installed on them. Now, whether coastal States can legally object to foreign installations or the laying of mines is still being debated.

Keywords: continental shelf; national jurisdiction; coastal States; Third United Nations Conference on the Law of the Sea; international law; mineral resources; maritime boundary; foreign installations; The Irish Formula; exclusive economic zone

Chapter.  14380 words.  Illustrated.

Subjects: Public International Law

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