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THE CONTINENTAL SHELF IN THE POLAR REGIONS: COLD WAR OR BLACK-LETTER LAW?*

Published online by Cambridge University Press:  25 June 2010

Alex G. Oude Elferink
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Abstract

The polar regions stand apart from other areas of the globe because of their severe climate and remoteness. Those conditions have also impacted on the development of the legal regime of the polar regions and led to questions concerning the applicability of general public international law to these regions. The present Article investigates this interaction from the perspective of one specific issue: the establishment of the outer limits of the continental shelf in accordance with Article 76 of the United Nations Convention on the law of the sea. Article 76 at present is being implemented worldwide by coastal States and the polar regions are no exception. The present analysis indicates that the implementation of Article 76 in the polar regions is largely similar to other regions of the world. Article 76 contains an arrangement of considerable legal complexity, which often has to be applied in a complex legal and politico-geographical context. The major differences with other regions are no doubt presented by Antarctica, in which case at least for the moment the process of implementing Article 76 also will not be finalized.

Keywords

Arctic – Antarcticalaw of the seacontinental shelfCommission on the Limits of the Continental Shelf (CLCS)article 76 of the United Nations Convention on the Law of the Seadispute settlementdelimitationouter limitsterritory
Type
Articles
Information
Netherlands Yearbook of International Law , Volume 40 , December 2009 , pp. 121 - 181
Copyright
Copyright © T.M.C. Asser Instituut and the Authors 2009

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References

* © A. G. Oude Elferink, 2010. The present article is a revised and updated version of the paper ‘Het continentale plat in de poolgebieden: Koude oorlog of triomf van het recht?’, published in 137 Mededelingen van de Nederlandse Vereniging voor Internationaal Recht (The Hague, T.M.C. Asser Press, November 2009) pp. 1–48. I would like to thank the board of the Netherlands Society of International Law for offering the opportunity to present that paper at the Annual Meeting of the Society on 6 November 2009. I would also like to thank the participants at that meeting for their criticism and stimulating discussions, which have assisted me in preparing the present article.