A Referral Process to the Commission on the Limits of the Continental Shelf in the Delimitation of the Continental Shelf beyond 200 M Process: An Appraisal

Proposals have been flagged by judges at the International Tribunal for the Law of the Sea and legal scholars to develop the relationship between the Commission on the Limits of the Continental Shelf (CLCS) and international courts and tribunals regarding the proof of existence of continental shelf entitlement. It has been suggested international courts and tribunals request 'expert assistance', make a 'reference procedure', or seek a 'preliminary ruling' from the CLCS in order to verify the State party's entitlement to a continental shelf beyond 200 nautical miles when the delimitation process occurs in the absence of recommendations issued by the CLCS. This article assesses the potential for a referral process bridging the relationship between the CLCS and courts and tribunals. It considers more specifically the necessity of such a mechanism and the legal challenges that are likely to arise in its establishment.