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This chapter discusses in detail the establishment of the entitlement to the continental shelf beyond 200 nautical miles under the United Nations Convention on the Law of the Sea. The meaning of natural prolongation, which is historically significant yet nebulous, has been transformed by Article 76, and its interpretation has to be examined in the context of application of Article 76 by coastal States and the Commission on the Limits of the Continental Shelf. The Bangladesh/Myanmar case clarified the meaning of natural prolongation, but its reasoning fell short of giving the notion any effect as a treaty term. In addition, other elements constitutive of the entitlement to the continental shelf beyond 200 nm, including the foot of the continental slope, the outer limits of the continental shelf, and the coasts are analyzed and their role in the process clarified.
Relevant coasts and relevant area are two essential concepts in the delimitation methodology. This Chapter reflects on their determination in the continental shelf delimitation beyond 200 nautical miles. It argues that the judicial and arbitral decisions that have delimited the continental shelf beyond 200 nm unduly expanded the scope of the coasts and areas that were deemed relevant in the delimitation process. It further examines other factors that may contribute to a precise determination of the area of overlapping entitlements to the continental shelf beyond 200 nm, which include the coastal relationship, the 200-nautical-mile limits, the foot of the continental slope, and the outer limits of the continental shelf.
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