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Maritime delimitation excludes relevance of geomorphology or geology from the delimitation process in the continental shelf and the EEZ delimitation within 200 nautical miles. Whether geomorphological or geological factors will re-emerge in the delimitation of the continental shelf beyond 200 nm is thus a topic of continuing interest and perplexity. This chapter examines this issue from three perspectives: first, the relationship between the basis of entitlement and the delimitation method; second, "the most natural prolongation" argument in the delimitation of the continental shelf beyond 200 nm; and third, geomorphological and geological factors as a relevant circumstance. After reviewing the relevant hypotheses, jurisprudence, and State practice, it concludes that geomorphological and geological factors are unlikely to be taken into account by the judiciary to in the drawing of the maritime boundary in the delimitation of the continental shelf beyond 200 nm.
This chapter examines the interaction between delineation and delimitation by exploring the following three issues. First, the approaches that coastal States take to coordinate their delineation and delimitation in order to smoothen the procedure of establishing the outer limits of the continental shelf through the Commission on the Limits of the Continental Shelf; second, the competence of international courts and tribunals to delimit the continental shelf beyond 200 nm in the absence of the recommendations of the CLCS, and third, the key to resolve the deadlock in the delineation procedure due to the objection raised by interested parties under the Rules of Procedure of the CLCS.
This chapter explains the legal uncertainties arising in the continental shelf delimitation beyond 200 nautical miles. Given the special characters of the entitlement to the continental shelf beyond 200 nm in terms of its substantive, procedural, and institutional attributes, a great measure of uncertainty is introduced into the delimitation of the extended maritime areas, in particular with regard to the competence of international courts and tribunals and the applicable delimitation methodology. Clarification and refinement of these issues are vital for the pursuit of an equitable solution to maritime boundary-making and the stability of the law of maritime delimitation.
Relevant coasts and relevant area are two essential concepts in the delimitation methodology. This Chapter reflects on their determination in the continental shelf delimitation beyond 200 nautical miles. It argues that the judicial and arbitral decisions that have delimited the continental shelf beyond 200 nm unduly expanded the scope of the coasts and areas that were deemed relevant in the delimitation process. It further examines other factors that may contribute to a precise determination of the area of overlapping entitlements to the continental shelf beyond 200 nm, which include the coastal relationship, the 200-nautical-mile limits, the foot of the continental slope, and the outer limits of the continental shelf.
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