The Continental Shelf Regime under the UN Convention on the Law of the Sea: Reflections after Thirty Years

Abstract

This chapter presents some reflections on the UN Convention on the law of the Sea (UNCLOS) negotiations. It gives an overview of the continental shelf regime under international law and the major compromises that were reached at UNCLOS in relation to the continental shelf. The continental shelf regime established under UNCLOS is a very good example of the carefully constructed compromises characteristic of the provisions in UNCLOS. With regards to the nature of coastal State over the continental shelf, the regime established in the 1958 Continental Shelf Convention remained largely unchanged in UNCLOS. UNCLOS accordingly adopted the formulation agreed to in the 1958 Convention of affording the coastal State sovereign rights for the purpose of exploring and exploiting both the non-living resources of the seabed. Finally, the chapter highlights several key challenges in the continental regime related to offshore oil and gas activities and how UNCLOS can address them. Keywords: continental shelf regime; gas activities; offshore oil activities; UNCLOS