On The Nature And Effectiveness Of The Recommendation Of The CLCS

The continental shelf is a "fertile soil" that the coastal countries are striving for,and the recent competition for delimitation of the continental shelf has been fierce.The limits of the outer continental shelf advocated by the coastal State ultimately need to be considered by the United Nations Commission on the Limits of the Continental Shelf(hereinafter referred to as the Committee).Beyond the limits of the outer continental shelf is the international seabed area,and the “area” and its resources belong to the common heritage of mankind.The delimitation of the outer continental shelf that does not comply with the provisions of the United Nations Convention on the Law of the Sea(hereinafter referred to as the “Convention”)and the technical specifications may infringe on the common interests of the international community.In this regard,the deliberation of the Committee can play a role in the check,which is particularly important for the determination of the limits of rights.The first chapter is mainly about the issue.Article 76,paragraph 8 of the “Convention” stipulates that in order to determine the limits of its outer continental shelf,coastal States shall provide the Commission with information on the corresponding data.The Commission shall make recommendations to coastal States on matters relating to the delineation of the outer limits of the continental shelf,and the limits of the continental shelf delineated by the coastal State on the basis of these recommendations shall be final and binding.The rulemaking on the power of the Committee actually went through a process from disagreement to compromise.As a result of the compromise,the rules governing the Commission’s right to propose on the Limits of the Continental Shelf are very vague.These deficiencies lead to the unclear nature and effectiveness of the recommendations.The second chapter legally analyzes the effectiveness of the Commission’s recommendations.The legal effect of the Commission’s recommendations is not binding force but a kind of empowerment.Proposals from the sponsors can be given certain certainty and binding force only if their final outline of the continental shelf is delineated on the basis of the recommendations.The provisions of the Convention are the fundamental source of this empowerment.The objectivity and authority of technology constitute another source of effectiveness of the Commission’s recommendations.The Committee is only a technical treaty body and its recommendations do not constitute an authoritative interpretation of the law.In addition,the certainty and binding power of the external boundaries delineated on the basis of the recommendations is a universal effect and valid for third countries.And "on a basis of" should at least mean no violation and no more than.The third chapter summarizes the practice and response of the recent sponsors’ adoption of the Committee’s recommendations.Practice has shown that sponsors make different choices according to its own interests.For example,after Japan’s selection of the Commission’s procedures,Japan’s external boundaries were directly delineated by domestic procedures.Such boundaries are beyond the scope of the Commission’s recommendations and is not based on the Commission’s recommendations,which not only cannot obtain certainty and binding force,but also constitutes the violation of the Convention and the principle of Pacta Sunt Servanda and good faith.The sponsors continue to cooperate with the Committee by submitting amendments,which can leave an opportunity for future gains.The fourth chapter finds that the proposal of China is difficult to enter the substantive review stage at present.In terms of the relationship between the effectiveness of the recommendations and the development of science,the changes of the basis of the recommendation in science and technology may have an impact on the legal validity of the recommendations;in terms of the relationship between the recommendations and the judicial decisions,the two procedures should be parallel,and the effectiveness of the recommendation is a kind of empowerment,the state has the right to choose it or not;In the case of the effectiveness of the recommendations and the disclosure of information,if transparency is lacking,it will affect the certainty and binding force of the demarcation by sponsors which is given by the recommendations of the Commission.According to the current situation in our country,rather than waiting a long time for the final demarcation,it is better to consider strengthening the openness and transparency of the proposed procedure in order to better participate in the deliberation activities of the Committee at current stage,which is the urgent task of safeguarding national rights.