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2 - Establishing the Entitlement to the Continental Shelf beyond 200 NM

from Part I - Overlapping Entitlements to the Continental Shelf beyond 200 Nautical Miles

Published online by Cambridge University Press:  08 October 2021

Xuexia Liao
Affiliation:
Peking University, Beijing
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Summary

This chapter discusses in detail the establishment of the entitlement to the continental shelf beyond 200 nautical miles under the United Nations Convention on the Law of the Sea. The meaning of natural prolongation, which is historically significant yet nebulous, has been transformed by Article 76, and its interpretation has to be examined in the context of application of Article 76 by coastal States and the Commission on the Limits of the Continental Shelf. The Bangladesh/Myanmar case clarified the meaning of natural prolongation, but its reasoning fell short of giving the notion any effect as a treaty term. In addition, other elements constitutive of the entitlement to the continental shelf beyond 200 nm, including the foot of the continental slope, the outer limits of the continental shelf, and the coasts are analyzed and their role in the process clarified.

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Chapter
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The Continental Shelf Delimitation Beyond 200 Nautical Miles
Towards A Common Approach to Maritime Boundary-Making
, pp. 15 - 50
Publisher: Cambridge University Press
Print publication year: 2021

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