A Grapple for Standing out Rather fitting in: Sri Lankan Claim to the Commission on the Limits of the Continental Shelf

Abstract

Continental shelf is one of the maritime zones which consist of numerous rich mineral deposits, oil, gas and fisheries. The commercial value attached to this particular zone is gigantic. In consequence every state tries to extend their continental margin in order to exploit and grab as much as they can make out of it. A state is entitled to establish their outer edge of the continental margin by two ways. One is Article 76(4) of the Law of the Sea Convention (LOSC) 1982 which cannot be utilised to claimed more than 200nm and the second is by Statement of Understanding (SOU) contained in annex 2 to the Final Act of the 3rd UN Conference on Law of the Sea 1980 which entertain claims of the states having special geological and morphological characteristics. Sri Lankan continental margin also displays the requirements described in SOU therefore it submitted their claim based on the interpretation of SOU to avoid the inequality that would result if it go by Article 76(4). This paper will discuss the Sri Lankan claim to the Commission on the Limits of the Continental Shelf (CLCS) and the claims submitted by Kenya, Myanmar and Bangladesh. The aims of the study are to identify the existing legal framework regarding the claim, to examine why the negotiations were slow moving and to provide recommendations to develop our claim. Authors use secondary sources such as library resources and internet inclusive of books, Journal Articles, Cases and other related statutes as main sources of this research. The strengths and weaknesses of the claims made by the other countries to the CLCS are analysed for providing recommendations to the study. The comparative study will assist in uncovering what is unseen of our claim.