The Operational Difficulties And Solutions Of The Mechanism For Determining The Outer Limits Of The Outer Continental Shelf

According to Article 76 of the United Nations Convention on the Law of the Sea(UNCLOS),a coastal State that claims entitlement to the continental shelf beyond 200 nautical miles shall submit relevant technical data and information to the Commission on the Limits of the Continental Shelf(CLCS)to determine the outer limits of the continental shelf.After considering the data and information,the CLCS shall make recommendations to the coastal state on matters related to the establishment of the outer limits of the continental shelf,and the limits of the shelf established by a coastal State on the basis of these recommendations shall be final and binding.As the key body in the mechanism of determining the outer limits,the CLCS has some problems in its operation.Coastal States claiming entitlements to the outer continental shelf had submitted more submissions to the CLCS than expected,but the adjustment of the composition and working methods of the CLCS has not kept pace with the increase of its workload.Furthermore,the continental shelf regime of Article 76 brings together scientific and legal knowledge.However,the CLCS,as a technical body composed of scientists,cannot deal with legal issues such as the interpretation of Article 76 and the application of other provisions of the UNCLOS in the process of determining the outer limits.Some submissions may also involve land or maritime disputes between states.The past practice of the CLCS shows its caution and avoidance of possible disputes between states,which risks further delays in the determination of the outer limits of the outer continental shelf.In view of the dual attributes of the outer limits of the continental shelf as the boundary of the coastal State and the boundary of the international seabed area,the mechanism for determining the outer limit of the outer continental shelf needs to be accelerated.Therefore,the problems in the operation of the CLCS should be solved and improved in a targeted manner.Reforming the organization and composition of the CLCS,providing legal assistance to the CLCS and clarifying by the Commission of which disputes should be avoided and which would not in fact impede the process of the consideration of submissions should be the necessary means to resolve the internal problems in the operation of the outer limits determination mechanism.In order to determine the exact extent of the entitlements of the coastal State to the continental shelf beyond 200 nautical miles,in addition to the outer limits,i.e.seaward limits,in accordance with the aforementioned mechanism,it is also necessary to determine the continental shelf boundaries,i.e.lateral limits,between neighboring states.Since both the seaward limit and the lateral limit define the boundary of the same sea area,and both exist on the premise that the relevant state has the right to claim the continental shelf beyond 200 nautical miles,the delineation of seaward limit and the delimitation of lateral limit are bound to be intertwined.The UNCLOS does not stipulate the relationship between them.When coastal states refer the delimitation of the outer continental shelf to the dispute settlement body,it will involve the functional relationship between the CLCS and the dispute settlement body,and the issue of whether the delimitation of the dispute settlement body before the CLCS issues its recommendations will hinder the functions of the CLCS.In addition,the delimitation of the outer continental shelf contains complex scientific nature,and how the dispute settlement body deals with scientific and technical matters has also attracted much attention.There is no unified answer to the relationship between the determination of outer limits and the delimitation of boundaries between states.It will be more beneficial to solve the problem to deal with different situations according to the adjacent and opposite coasts.With regard to the work related to the outer continental shelf,in order to reconcile the functional relationship between the two bodies,reduce the possibility of conflicts between them and improve the efficiency of determining the outer limits,the CLCS and the dispute settlement body should establish contacts and communication,provide mutual assistance in scientific and legal affairs,and jointly achieve the certainty and finality of the outer continental shelf area.Based on China’s maritime rights and interests,it is necessary for us to strengthen the study on the improvement of the CLCS and contribute China’s proposals to the improvement of the delineation mechanism.At the same time,it is necessary for us to pay attention to the new trends in the judicial practice of the delimitation of the outer continental shelf and put forward ideas and initiatives in line with China’s interests during the formation of the new rules.