Coastal state control over historic wrecks situated on the continental shelf as defined in article 76 of the Law of the Sea Convention 1982

Allen, B L

Coastal state control over historic wrecks situated on the continental shelf as defined in article 76 of the Law of the Sea Convention 1982

Master Thesis

1991

Abstract

In this minor dissertation the coastal states rights, jurisdiction and control in respect of wrecks, specifically historic wrecks, situated on the continental shelf are examined in relation to the current state of the law applicable to this area, both customary and conventional. Discussion and argument are developed under the following headings. THE TWILIGHT ZONE This part constitutes the introduction to the subject matter and includes a brief description of the evolution of International Customary Law relating to the continental shelf which resulted in the 1982 Law of the Sea Convention definition which specified rights to natural resources. BOUNDARIES OF THE CONTINENTAL SHELF Area is clarified and distances of outer limit from-baseline (200 nautical miles extending to a possible 350 nautical miles under certain circumstances) is discussed. Necessity for coastal state to inform the Commission on the limits of the Continental Shelf of the limits of its continental shelf beyond 200 nautical miles is noted. Article 303(2) relating to the contiguous zone and historical objects is referred to and the effects of its provisions on the area under examination is discussed. The starting point of the area is 24 nautical miles from the baseline as explained. Mention is also made of the overlapping of the exclusive economic zone with the sea bed and subsoil of the continental shelf and attention is drawn to the provisions of art 59 relating to the settlement of disputes over non attributed rights in the exclusive economic zone.