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Advisory Opinion: A bridge between the CLCS and the ITLOS

Cuenot, Sophie LU (2013) JASM01 20131
Department of Law
Abstract
The purpose of this thesis is to try to establish a mechanism that will enable the Commission on the Limits of the Continental Shelf to get access to legal interpretation of the United Nations Convention on the Law of the Sea. The mandate of the Commission is to validate the outer limits line delineated by coastal States. For that, the Commission has to apply provisions of the Convention. The use of legal provisions necessitates interpretation. It is submitted that the Commission has to interpret some provisions of the Convention in order to perform its mandate. Yet, its interpretative attribute is limited to the assessment of its technical functions. When it cannot interpret, the Commission cannot fulfil its mandate and the outer edge of... (More)
The purpose of this thesis is to try to establish a mechanism that will enable the Commission on the Limits of the Continental Shelf to get access to legal interpretation of the United Nations Convention on the Law of the Sea. The mandate of the Commission is to validate the outer limits line delineated by coastal States. For that, the Commission has to apply provisions of the Convention. The use of legal provisions necessitates interpretation. It is submitted that the Commission has to interpret some provisions of the Convention in order to perform its mandate. Yet, its interpretative attribute is limited to the assessment of its technical functions. When it cannot interpret, the Commission cannot fulfil its mandate and the outer edge of the continental margin cannot be established. To avoid maritime boundaries staying in an impasse, the Commission has to ask competent bodies to seek an advisory opinion from the International Tribunal for the Law of the Sea. The author reviews the possible mechanisms opened to the International Seabed Authority and international agreements, and promote a liberal interpretation of these provisions to open the scope of their availability. The possibility to open the advisory procedure to the Meeting of States Parties and States, acting under the umbrella of an international agreement or acting as individual States, is discussed and encouraged. In fact, States are the cornerstone between the advisory opinion and the Commission. Their will and sovereign power in terms of implementation of the Convention are the means through which the CLCS can be granted access to legal interpretation. (Less)
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@misc{3811848,
  abstract     = {The purpose of this thesis is to try to establish a mechanism that will enable the Commission on the Limits of the Continental Shelf to get access to legal interpretation of the United Nations Convention on the Law of the Sea. The mandate of the Commission is to validate the outer limits line delineated by coastal States. For that, the Commission has to apply provisions of the Convention. The use of legal provisions necessitates interpretation. It is submitted that the Commission has to interpret some provisions of the Convention in order to perform its mandate. Yet, its interpretative attribute is limited to the assessment of its technical functions. When it cannot interpret, the Commission cannot fulfil its mandate and the outer edge of the continental margin cannot be established. To avoid maritime boundaries staying in an impasse, the Commission has to ask competent bodies to seek an advisory opinion from the International Tribunal for the Law of the Sea. The author reviews the possible mechanisms opened to the International Seabed Authority and international agreements, and promote a liberal interpretation of these provisions to open the scope of their availability. The possibility to open the advisory procedure to the Meeting of States Parties and States, acting under the umbrella of an international agreement or acting as individual States, is discussed and encouraged. In fact, States are the cornerstone between the advisory opinion and the Commission. Their will and sovereign power in terms of implementation of the Convention are the means through which the CLCS can be granted access to legal interpretation.},
  author       = {Cuenot, Sophie},
  keyword      = {Advisory opinion,Commission on the Limits of the Continental Shelf,International Tribunal for the Law of the Sea,interpretation,competence,role,mandate,authority,International Seabed Authority,extended continental shelf,States Parties,Meeting of States Parties,UNCLOS,United Nations,United Nations Convention on the Law of the Sea,outer limits line,delineation,continental shelf,outer edge,outer limits,continental shelf beyond 200 nautical miles,maritime boundaries,settlement of disputes,continental margin,treaty,international agreement,sovereignty,article 76},
  language     = {eng},
  note         = {Student Paper},
  title        = {Advisory Opinion: A bridge between the CLCS and the ITLOS},
  year         = {2013},
}