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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.
67
Ibid.
, para 39.
68
Ibid.
, para 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)