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Legal Disputes On The Russian Application For The Continental Shelf Beyond 200 Nautical Miles In The Arctic Ocean

Posted on:2021-01-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y WangFull Text:PDF
GTID:2416330605968997Subject:legal
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Land sovereignty has been basically established,and countries have vigorously pursued maritime interests,Article 76 of the United Nations Convention on the law of the Sea provides a legal way for coastal states to extend their maritime rights and interests—submit an application to the UN Commission on the Limits of the Continental Shelf for an extension of the continental shelf beyond 200 nautical miles CLCS is established according to the UNCLOS,responsible for the review of the outer continental shelf delimitation,Rules of Procedure of the Commission on the Limits of the Continental Shelf defines the specific steps,roughly as follows:coastal states to submit an application—ascertain whether there is any land or maritime dispute—preliminary examination—science and technology review,submit recommendation in writing to the coastal State,in this process other relevant countries can send a diplomatic note to indicated that opinions on specific cases,It can be seen that the determination of the limit of the continental shelf beyond 200 nautical miles of the coastal state actually involves three types of subjects:the applicant state,the commission and the relevant state with obj ection.On 20 December 2001,in accordance with LOSC Article 76,Russia submit an application to claim an extend continental shelf for four distinct regions,two of which are in the Arctic.After receiving the negative recommendation established by CLCS,it submitted an amended on the arctic ocean in 2015.This process not only demonstrated coastal states claim to maritime rights and interests,but also revealed the difficulties existing in the outer continental shelf regime in practice.Therefore,the main problems analyzed in this paper are as follows:firstly,the reasons for the obstruction of Russia's application in 2001 and the measures Russia has taken to cope with CLCS recommendation.Secondly,the institutional defects exposed through the Russian application and the limitations in the CLCS working mechanism.Thirdly,the implications of the Russian application for China's response to the joint application by Vietnam and Malaysia for the South China Sea,and for China's participation in arctic affairsThrough the research and discussion,the paper come to the following conclusions:firstly,handling disputes with the neighboring countries arid collecting complete and accurate geological scientific data are the two major supports for the application of extending the continental shelf beyond 200 nautical miles,which are two directions for Russia to adjust after its submission application was frustrated in 2001.Secondly,the rules of the continental shelf beyond 200 nautical miles lacks scientific standards and specific methods for delimiting the boundaries between countries,and the work of the CLCS is time-consuming,inefficient and opaque Therefore,more professionals,including legal experts,should be recruited to work for the CLCS,and the order of deliberation should be adjusted to improve the rate of case resolution;the interpretation of Article 76 of the Convention should be formulated into written provisions,with clear and unified scientific standards for coastal States to refer to when submitting their applications.Thirdly,China should continue to adhere to the position of peaceful settlement of disputes in the South China Sea,take the initiative to resolve differences,and advocate joint development and cooperation;we should seize the opportunity to actively participate in Arctic affairs,and safeguard the legitimate rights and interests of non-Arctic countries in the Arctic Ocean.
Keywords/Search Tags:continental shelf beyond 200 nautical miles, UN Commission on the Limits of the Continental Shelf, Russia, Arctic Ocean, South China Sea
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