Obligations of States in Disputed Areas of the Continental Shelf

Forthcoming in NEW KNOWLEDGE AND CHANGING CIRCUMSTANCES IN THE LAW OF THE SEA (Brill, Tomas Heider, ed., 2019)

GWU Law School Public Law Research Paper No. 2018-79

GWU Legal Studies Research Paper No. 2018-79

21 Pages Posted: 14 Dec 2018

See all articles by Sean D. Murphy

Sean D. Murphy

George Washington University - Law School

Date Written: December 5, 2018

Abstract

Normally, a coastal State has sovereign rights to explore and exploit the natural resources of the continental shelf appurtenant to its territory. In some situations, however, States have overlapping claims as to their continental shelves, which raises important issues as to how such States must conduct themselves prior to resolution of their dispute. This chapter advances eight basic rules that every State is expected to follow in such a situation. Inevitably, such rules are general in nature and will have variable effects when applied in context. Nevertheless, it is submitted that such rules provide importance guidance to States in upholding their overall duty to resolve disputes peacefully.

Keywords: Continental shelf dispute, good faith, provisional arrangement, joint development, use of force, countermeasures

JEL Classification: K33

Suggested Citation

Murphy, Sean D., Obligations of States in Disputed Areas of the Continental Shelf (December 5, 2018). Forthcoming in NEW KNOWLEDGE AND CHANGING CIRCUMSTANCES IN THE LAW OF THE SEA (Brill, Tomas Heider, ed., 2019); GWU Law School Public Law Research Paper No. 2018-79; GWU Legal Studies Research Paper No. 2018-79. Available at SSRN: https://ssrn.com/abstract=3301046

Sean D. Murphy (Contact Author)

George Washington University - Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States
202-994-8763 (Phone)
202-994-5654 (Fax)

Register to save articles to
your library

Register

Paper statistics

Downloads
63
Abstract Views
184
rank
346,009
PlumX Metrics