The domestic and international regulation of the continental shelf

Abstract

This thesis studies the historical development of the concept enunciated in the Truman Proclamations of 1945, namely that each coastal state has a continental shelf of its own over which it may exercise sovereign rights. Particular reference is made to the manner how such concept developed over the years and the extent and limitations which exist on the rights appertaining to the coastal state. Moreover, the rules applicable for the delimitation of such shelf are analysed particularly in the light of the Convention on the Continental Shelf 1958 and the United Nations Convention on the Law of the Sea 1982. Reference is also made to the manner such rules have been interpreted in the various arbitration cases and other cases decided upon by the International Court of Justice and other International Tribunals. The extent to which these rules form part of cutomary international law is also discussed. The Maltese situation vis-a-vis such rules is also examined with particular reference to local legislation which regulates the sovereign rights which the Maltese Government exercises over Malta's continental shelf. Finally reference is made to the judgement of the International Court of Justice in the Malta-Libya Case which not only determined the extent of the continental shelf of both parties to this case but also contributed largely towards the further development and consolidation of a number of principles which to that date where still debatable in the international community at large.