Geoscience Reference
In-Depth Information
10.2 Regulation through customary international law
The most evident gap in the UNCLOS can be found in Art. 74, relating to the delimitation
of the exclusive economic zone, and Art. 83, relating to the delimitation of the continental
shelf:
1. The delimitation of the exclusive economic zone between States with opposite or
adjacent coasts shall be effected by agreement on the basis of international law, as
referred to in Article 38 of the Statute of the International Court of Justice, in order
to achieve an equitable solution.
2. If no agreement can be reached within a reasonable period of time, the States
concerned shall resort to the procedures provided for in Part XV [Settlement of
Disputes].
3. Pending agreement as provided for in paragraph 1, the States concerned, in a
spirit of understanding and co-operation, shall make every effort to enter into
provisional arrangements of a practical nature and, during this transitional period,
not to jeopardize or hamper the reaching of the final agreement. Such arrangements
shall be without prejudice to the final delimitation.
4. Where there is an agreement in force between the States concerned, questions
relating to the delimitation of the exclusive zone shall be defined in accordance
with the provisions of that agreement (Art. 74).
Art. 83 repeats Art. 74, the only change being 'continental shelf' instead of 'exclusive eco-
nomic zone'.
The reading of Arts. 74 and 83 leaves the impression that, despite their lengthy content,
they do not provide any clear substantive regime. By resorting to procedural means, they
avoid tackling the main issue. Apart from specifying the procedures to which the states con-
cerned are bound to resort to find a solution, Arts. 74 and 83 do not say very much on the
question of delimitation. In particular, paragraph 1 does not indicate what the substantive
rules are that become applicable if the states concerned do not reach an agreement. The ref-
