CYIL Vol. 5, 2014

JAN ONDŘEJ CYIL 5 ȍ2014Ȏ coastal states on matters related to the establishment of the outer limits of their continental shelf. The limits of the shelf established by a coastal state on the basis of these recommendations shall be final and binding. In the case of disagreement by the coastal state with the recommendations of the Commission, the coastal state shall, within a reasonable time, make a revised or new submission to the Commission. According to Article 9 of Annex II, however, the actions of the Commission shall not prejudice matters relating to delimitation of boundaries between states with opposite or adjacent coasts. This means that in this case the states can conclude their respective agreements about the delimitation. The data concerning the outer limit of the continental shelf beyond 200 nautical miles in the Arctic Ocean were submitted by Russia in 2001, by Norway in 2006 and by Denmark in 2012. The Commission published its recommendation 66 on the Russian submission in June 2002. The recommendations refer to four areas – the Barents Sea, the Bering Sea, the Ochots Sea and the Central Arctic Ocean. In the case of the Barents Sea and the Bering Sea the Commission recommended Russia to conclude delimitation agreements with Norway and the USA which shall contain delimitation lines and represent the outer limits of the continental shelf of the Russian Federation beyond 200 nautical miles in the Barents and the Bering Seas 67 . The treaty with Norway was concluded in 2010 (see above). As far as the Central Arctic Ocean is concerned, 68 the Commission recommended Russia to make a revised submission considering the extent of the continental shelf in the area on the basis of findings contained in the recommendation. So far no revised submission has been made by Russia. Concerning the submission of Norway, the Commission submitted their recommendations 69 in March 2009. Several delimitation treaties were concluded concerning the continental shelf in the Arctic. The above mentioned treaty between Russia and Norway of 2010, which dealt with the delimitation of the continental shelf in the Barents Sea and the Arctic Ocean is one. In 2006 a treaty delimiting the continental shelf beyond 200 nautical miles between the Faroe Islands, Iceland and Denmark was concluded. 70 Conflicts concerning the delimitation of the continental shelf among the coastal states in the Arctic arise mainly because of the Lomonosov Ridge and Alpha-Mendeleev 66 A short summary of the Recommendation is contained in the Report of the Secretary-General to the Fifty-seventh session of the General Assembly under the agenda item Oceans and the Law of the Sea UN Doc A/57/57/Add.1, from 8 October 2002, paras 38-41. 69 Recommendations of the Commission on the Limits of the Continental Shelf in regard to the Submission made by Norway in respect of areas in the Arctic Ocean, the Barents Sea and the Norwegian Sea on 27 November 2006, CLCS/62. 70 Agreed Minutes on the Delimitation of the Continental Shelf beyond 200 Nautical Miles between the Faroe Islands, Iceland and Norway in the Southern Part of the Banana Hole of the Northeast Atlantic of 2006. available at: www.regjeringen.no ( accessed on 12 July 2013) 67 Ibid. , para 39. 68 Ibid. , para 41.

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