Abstract
The open-endedness of the Continental Shelf Convention renders it vulnerable to misuse as a camouflage for extravagant claims by states seeking to extend their coastal jurisdiction far out into the abyss until, perhaps, they meet in an oceanic thalweg. The definition of the continental shelf in terms of exploitability and the inclusion of “sedentary species” among the “natural resources” of the continental shelf are the two greatest sources of this indeterminacy. Their elimination from the Convention would greatly reduce its fictional elements—the false colors it now provides for grandiose ambitions. On the other hand, the comment which follows does not purport to investigate the basic choice between accepting the exclusive competence of coastal states over sedentary fisheries and general community freedom from such competence. Assuming those issues to be beyond its scope, it is limited to the pragmatic evaluation of including sedentary fisheries within the scope of the continental shelf regime or, alternatively, of restoring a modified version of the Sedentary Fisheries Article which the International Law Commission proposed in 1951.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.