Effect of Legal Issues, Actual or Implicit, upon the Work of the CLCS: Suspensive or Without Prejudice?

摘要

To the work of the Commission on the Outer Limits of the Continental Shelf (CLCS or Commission), the controlling rule is that of Article 76 (8) of the UNCLOS. Article 76 (8) provides as follows: Information on the limits of the continental shelf beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured shall be submitted by the coastal State to the Commission on the Limits of the Continental Shelf set up under Annex II on the basis of equitable geographical representation. The Commission shall make recommendations to coastal States on matters related to the establishment of the outer limits of their continental shelf. The limits of the shelf established by a coastal State on the basis of these recommendations shall be final and binding.