A Study of the Delimitation of the Continental shelf in the Arctic Ocean

• Main Authors: Hung- Ya Wang, 王鴻雅
• Other Authors: none
• Format: Others
• Language: zh-TW
• Published: 2012
• Online Access: http://ndltd.ncl.edu.tw/handle/03759721993220345790

碩士 === 東吳大學 === 法律學系 === 100 === This thesis goes to focus on the continental shelf delimitation of Arctic Ocean. It is because that global climate change, the discovery of various natural resources and Russia being the first State making a submission to the CLCS (the Commission on the Limits of the Continental Shelf) have affected the Arctic region with greater intensity than the rest of the world. Those factors cause to attract the international community’s attention to the Arctic region. Especially, due to the melting the Arctic ice cap, the various natural resources in the Arctic will becom available for exploitation. Furthermore, this fact also makes the five circumpolar States with major claims to the Arctic Ocean (the United States , Canada, Russia, Greenland/Denmark, and Norway) being looking forward to extending their claims to the natural resources beneath the ice- covered ocean. However, some media use “scramble” to describe the behavior of the five North Polar States. It is not ture. There is an import body of applicable international law that governs the waters surrounding the lad territory of coastal States of the Arctic Ocean. It is the United Nations Convention on the Law of the Sea (UNCLOS) provided both a legal framework within which all activities in oceans and seas must be carried out and, as far as the seabed of the Arctic Ocean is concerned, answers to questions related to its legal status and applicable regulations. Therefore, All circumpolar States in the Arctic Ocean posses, by virture of the Article 76 of the UNCLOS, a continental shelf up to 200 nautical miles and continental shelf beyond 200n.m. form the baselines from which the breadth of the territorial sea is measured. On the continental shelf, which represents the seabed and its subsoil, the coastal States enjoy sovereign right in relation to natural resources, including sedentary species, and jurisdiction in relation to a number of activities related to the exporation and exploitation of these resources.Therefore, as far as the continental shelf delimitation of the Arctic region is concerned, the Article 83 of UNCLOS plays an important role. Besides, the International customary law also provides a legal framework. The purpose of this thesis is to try to apply the maritime delimitation principle provided by the 1982 UNCLOS and the International customary law to the three “disputed area” in the Arctic Ocean- the Beaufort Sea, the Lincoln Sea, and the central Arctic Ocean.. Except for the 1982 UNCLOS, the existing case law on maritime delimitation (the judgement of ICJ, arbitration tribunal, and ITLOS) can also provide guidance and even reach an impressive degree of predictability and stability in legal outcome. After studying and examing the provisions of UNCLOS and the existing case law, it is easy to find the most applicable princible of maritime delimitation goes to apply the equidistance- special circumstance rule. Besides, when it comes to the continental shelf delimitation in the Arctic Ocean, there are two significant marine characteristics- the Lomonosove ridge and the Alpha- Mendeleyev Ridge.