CYIL Vol. 5, 2014

WHAT IS THE LEGAL REGIME OF THE ARCTIC? to 6. According to Benith, 61 the Convention sets two limits as to the breadth of the continental shelf. The first limit is contained in Article 76, paragraph 4 and contains two rules. Both of them are based on the term the foot of the continental slope . The foot of the continental slope is considered to be determined as the point of maximum change in the gradient at its base. 62 The coastal state may delineate straight baselines a) by reference to the outermost fixed points at each of which the thickness of sedimentary rocks is at least 1 per cent of the shortest distance from such point to the foot of the continental slope, or b) by reference to fixed points not more than 60 nautical miles from the foot of the continental slope. To prevent the danger of arbitrary interpretation 63 of this definition and conflicts that may arise between coastal states and other states, the Convention contains another restriction. The second restriction, termed maximal breadth restriction of the continental shelf , is defined in Article 76, paragraph 5. According to this provision the fixed points comprising the line of the outer limits of the continental shelf on the seabed, drawn in accordance with paragraph 4, either shall not exceed 350 nautical miles from the baselines from which the breadth of the territorial sea is measured or shall not exceed 100 nautical miles from the 2,500 metre isobath , which is a line connecting the depth of 2,500 metres. In cases where the continental shelf would exceed 200 nautical miles from the basic lines from which the breadth of the territorial sea is measured, the coastal State shall delineate the outer limits of its continental shelf by straight lines not exceeding 60 nautical miles in length, connecting fixed points, defined by coordinates of latitude and longitude (Article 76, paragraph 7). Evans 64 commented on the above mentioned paragraphs as being complicated provisions, difficult to be applied and their customary nature being unclear . Delineation of the limit of the continental shelf that exceeds 200 nautical miles, however, was not to be left to individual states only. On the basis of the UN Convention on the Law of the Sea, the Commission on the Limits of the Continental Shelf 65 was created. It consists of 21 members. According to Article 76, paragraph 8 of the Convention on the Law of the Sea, the coastal state shall submit to the Commission on the Limits of the Continental Shelf set up under Annex II, on the basis of equitable geographical representation, information on the limits of the continental shelf beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured . The Commission shall make recommendations to 61 Benitah, M., Russia’s Claim in the Arctic and the Vexing Issue of of Ridges in UNCLOS. ASIL (American Society of International Law) Insights , Volume 8, 2007, available at: www.asil.org/insights ( accessed on 10 July 2013). 62 Kopal, V., Problémy nové kodifikace mezinárodního práva mořského . [Problems new codification of international law of sea] Praha: Academia, 1983, pp. 79-80. 63 Ibid. , p. 80. 64 Evans, M. D. (editor), op. cit. , p. 642. 65 Annex II to the UN Convention on the Law of the Sea from 1982. (In Czech: Příloha II k Úmluvě OSN o mořském právu z roku 1982 vyhl. č. 240/1996 Sb.)

109