Московский журнал международного права (Dec 2017)
Interpretation of International Legal Norms regarding the Commission on the Limits of the Continental Shelf in the Context of National Interests of Russia and other Arctic States
Abstract
In some Russian publications, the Commission on the limits of the continental shelf established in accordance with the UN Convention on the law of the sea 1982 (UNCLOS), was authorized to resolve legal issues of delimitation of the continental shelf, for example, in a dispute in the Arctic ocean. In this article we prove the inferiority of such a conclusion. The Commission on the limits of the continental shelf, consisting of geologists and other experts in the field of natural Sciences, is not entitled to reach conclusions on legal questions relating to the delimitation of the continental shelf. Powers of the Commission our recommendation on compliance with the geological and geomorphological conditions according to the “delimitation” of the continental shelf of the state from the international seabed area. The separation of the concept of “delineation” and “delimitation” contributes to the correct interpretation of norms of the UNCLOS: in accordance with article 76 of the UNCLOS the functions of the Commission on “delineation” are not a prerequisite for the implementation by States of their rights to “delimitation” in accordance with article 83 of the UNCLOS. From the point of view of the dispute on the delimitation of the Arctic shelf, the attempts of some scholars to prove the existence of the legal mandate of the Commission allows for the possibility of ignoring beneficial for Russia a special legal circumstances, historically in the polar region. The implementation of these theoretical constructs contain the risk of territorial loss from the Arctic States parties to the UNCLOS. Coastal Arctic States there are no duties on the “delineation” of the continental shelf and international seabed area; they have no legal need to appeal to the Commission. The coastal state may exercise its right to “delimitation” the whole Arctic shelf in agreement with each other – without recourse to the Commission.
Keywords
