Classification of Seafloor Highs According to Legal Hermeneutics

Abstract

AbstractThe classification of seafloor highs as submarine elevations that are natural components of the continental margin is the core exercise in the application of Article 76 of UNCLOS. Its outcome determines whether the outer limits are necessarily constrained by a 350 nautical mile distance line from the baselines, or, alternatively, whether the outer limits may extend far beyond that constraint where the outer edge of the continental margin goes beyond that distance. This paper examines in depth the constitutive criteria that govern the classification of seafloor highs as submarine elevations that are natural components of the continental margin. It is concluded that the interpretation of Article 76(6) of UNCLOS is necessarily dictated by a textual approach.