Ángeles Jiménez García-Carriazo , Luis Miguel Rioja Gallo , Teresa Medialdea Cela , Luis Somoza Losada
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引用次数: 0
Abstract
The Statement of Understanding (SoU) emerged as an alternative method for delineating the outer limits of the continental shelf. To prevent inequities for States whose sediment accumulation extends hundreds of kilometers seaward but whose foot of slope lies unusually close to their baselines, Sri Lanka championed this initiative. Although originally intended for the Bay of Bengal, the mechanism has since been invoked by other States that consider themselves to meet the relevant geological criteria. In this context, Myanmar, Sri Lanka, Kenya, and Spain (in relation to the Galicia region) have all relied on the SoU. The central issue, however, lies in its interpretation. The SoU is set out in only five paragraphs contained in Annex II of the Final Act of UNCLOS, providing States with a degree of discretion. Nevertheless, the Commission on the Limits of the Continental Shelf (CLCS) applies its own interpretative approach. This paper offers a legal and technical examination of the conditions required for applying the SoU method. It analyzes the legal framework governing its use, highlighting the challenges that arise in practice. A central focus is the interpretative role of the CLCS. Given the absence of clear standards and the intricacies of individual submissions, this study critically evaluates how the CLCS has addressed the uncertainties surrounding the SoU method. The analysis is grounded in a detailed review of State submissions and the practice of the CLCS, offering insights into the Commission’s evolving interpretative approach and the implications for coastal States seeking to extend their continental shelf.
期刊介绍:
Marine Policy is the leading journal of ocean policy studies. It offers researchers, analysts and policy makers a unique combination of analyses in the principal social science disciplines relevant to the formulation of marine policy. Major articles are contributed by specialists in marine affairs, including marine economists and marine resource managers, political scientists, marine scientists, international lawyers, geographers and anthropologists. Drawing on their expertise and research, the journal covers: international, regional and national marine policies; institutional arrangements for the management and regulation of marine activities, including fisheries and shipping; conflict resolution; marine pollution and environment; conservation and use of marine resources. Regular features of Marine Policy include research reports, conference reports and reports on current developments to keep readers up-to-date with the latest developments and research in ocean affairs.