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The Outer Limits of the Continental Shelf - Legal Aspects of their Establishment (Paperback, Softcover reprint of hardcover 1st ed. 2008)
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The Outer Limits of the Continental Shelf - Legal Aspects of their Establishment (Paperback, Softcover reprint of hardcover 1st ed. 2008)
Series: Beitrage zum auslandischen oeffentlichen Recht und Voelkerrecht, 199
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A. The Outer Limits of the Continental Shelf The 1982 United
Nations Convention on the Law of the Sea (herein- ter the
"Convention") marks the beginning of a new era in the law of 1 the
sea. The negotiations for this treaty at the Third United Nations
Conference for the Law of the Sea (hereinafter "UNCLOS III"),
lasted for nine years, from 1973 to 1982. The Convention regulates
the principal aspects of international oceans affairs. It
establishes and fixes the limits of maritime zones, provides for
the rights and duties of states in these zones, establishes the law
app- cable in the international seabed area on the basis of the
principle of common heritage of mankind, imposes obligations on
states to protect the marine environment, and provides for the
means of dispute sett- ment. One of the most contentious and
divisive issues at UNCLOS III were the outer limits of the
continental shelf. Previously, in the 1958 Con- 2 vention on the
Continental Shelf (hereinafter the "1958 Convention"), no limits
were established for the continental shelf. States were allowed to
claim areas of continental shelves based on their capacity to
exploit the mineral resources of the shelf. The legal framework in
the 1958 Convention would obviously conflict with the principle of
the common heritage of mankind. Delegates realized that limits have
to be est- lished, but up to where and on the basis of which
principles, was a c- tentious question.
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