Obligations of States in Disputed Areas of the Continental Shelf
Forthcoming in NEW KNOWLEDGE AND CHANGING CIRCUMSTANCES IN THE LAW OF THE SEA (Brill, Tomas Heider, ed., 2019)
21 Pages Posted: 14 Dec 2018
Date Written: December 5, 2018
Normally, a coastal State has sovereign rights to explore and exploit the natural resources of the continental shelf appurtenant to its territory. In some situations, however, States have overlapping claims as to their continental shelves, which raises important issues as to how such States must conduct themselves prior to resolution of their dispute. This chapter advances eight basic rules that every State is expected to follow in such a situation. Inevitably, such rules are general in nature and will have variable effects when applied in context. Nevertheless, it is submitted that such rules provide importance guidance to States in upholding their overall duty to resolve disputes peacefully.
Keywords: Continental shelf dispute, good faith, provisional arrangement, joint development, use of force, countermeasures
JEL Classification: K33
Suggested Citation: Suggested Citation