Beyond Delimitation: Interaction between the Outer Continental Shelf and High Seas Regimes

Joanna Mossop "Beyond Delimitation: Interaction between the outer Continental Shelf and High Seas Regimes" in Clive Schofield, Seokwoo Lee and Moon-Sang Kwon (eds) The Limits of Maritime Jurisdiction (Martinus Nijhoff Publishers, Leiden, The Netherlands, 2014) pp 753-768.

Victoria University of Wellington Legal Research Paper No. 13/2018

17 Pages Posted: 18 Dec 2014 Last revised: 18 Feb 2018

See all articles by Joanna Mossop

Joanna Mossop

Victoria University of Wellington - Faculty of Law

Date Written: December 15, 2014

Abstract

This chapter considers the interaction between the high seas and outer continental shelf rights, which is complex. Some interference with high seas freedoms is permissible in order to protect coastal States’ interests in the resources of the sea floor beyond 200 nautical miles. The chapter proposes a number of factors that coastal states must consider in order to determine if the interference is justifiable. These include the likelihood of interference with shelf resources, the level of harm to the shelf resources, the relative importance of the interests, the minimal interference, and the role of international or regional institutions and soft law instruments. The chapter then concludes that a consideration of these factors is likely to provide clearer justification for any interference in high seas freedom, but in reality there are bound to be disputes over this issue.

Keywords: High seas, Continental shelf rights, States’ interests, extended continental shelf, outer continental shelf, continental shelf beyond 200 nautical miles.

JEL Classification: K1, K2, K3

Suggested Citation

Mossop, Joanna, Beyond Delimitation: Interaction between the Outer Continental Shelf and High Seas Regimes (December 15, 2014). Joanna Mossop "Beyond Delimitation: Interaction between the outer Continental Shelf and High Seas Regimes" in Clive Schofield, Seokwoo Lee and Moon-Sang Kwon (eds) The Limits of Maritime Jurisdiction (Martinus Nijhoff Publishers, Leiden, The Netherlands, 2014) pp 753-768.; Victoria University of Wellington Legal Research Paper No. 13/2018. Available at SSRN: https://ssrn.com/abstract=2538767

Joanna Mossop (Contact Author)

Victoria University of Wellington - Faculty of Law ( email )

PO Box 600
Wellington, 6140
New Zealand

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