Abstract
Indeed, every state intends to explore and exploit its mineral resources. One of the ways to increase the area on which states can explore and exploit its mineral resources is by applying the Extended Continental Shelf (“ECS”) regime. This research explains the development and regulation of the ECS regime which include its requirements, sovereign rights over it, the role of the Commission on the Limits of the Continental Shelf, et cetera. This research then analyzes the ECS regime in Indonesia. This research uses a legal normative research method—which is of an explanatory and descriptiveanalytical character—and uses primary, secondary, and tertiary data. This research shows that Indonesia does not have a strong legal basis to apply the ECS regime nor a utilization plan for its ECS. This regime can be applied in north-west of Sumatera, south of Nusa Tenggara, and north of Papua. Indonesia has made a submission for the ECS in North-West Sumatera which has been accepted. The writer offers some advice: Indonesia should have further legal basis to apply the ECS regime and a utilization plan for its ECS.
Highlights
The Continental Shelf is very important for a coastal state
The main issue for the implementation of the Extended Continental Shelf (ECS) regime in Indonesia is the lack of a strong legal basis
The Continental Shelf Law was made long before LOSC and still uses the understanding of the Continental Shelf Convention that is no longer applicable to Indonesia since 1985
Summary
The Continental Shelf is very important for a coastal state. The bigger the better, they say. The appeal of the Continental Shelf does lie in the resources discovered by man, and other resources which are yet to be discovered in the future This is why coastal states around the world race to have their Continental Shelves limits as seaward as possible. This article will address a number of issues in general It will address the development of the Extended Continental Shelf (“ECS”) regime since its inception until recent developments in practice. It will address the ECS regime from a legal standpoint, i.e., its provisions in the United Nations Convention on the Law of the Sea 1982 (1982 Law of the Sea Convention/“LOSC”).
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