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International Law: UNCLOS Continental Shelf Regime - Coursework Example

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"International Law: UNCLOS Continental Shelf Regime" paper reviews Brazil’s expanded Continental Shelf claims and evaluates what it teaches us about the following: whether there is legal certainty in the UNCLOS Continental Shelf Regime for outer (or extended) continental shelf…
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International Law: UNCLOS Continental Shelf Regime
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Most countries respect and support the provisions of the UNCLOS. However, instances, where countries have not complied with the provisions of the UNCLOS, have also been observed. As a result, some countries have gone over the designated or accepted territories, sometimes going far beyond the open seas or overlapping with the claims of other countries. From the very start, international laws have always been difficult to implement, mostly because they do not have as much weight or burden on the countries concerned.

There is no ‘jail’ or severely punitive punishment for violation of international laws. In other words, these laws do not have any ‘teeth.’ There is also no implementing body for the UNCLOS which can oversee and monitor maritime activities. The sovereignty of nations also has to be respected by all states, with the principle of non-interference a firm and recognized principle within the international community. The actions of Brazil in relation to its extended continental shelf bear much scrutiny and evaluation, especially in terms of what these claims and actions imply in relation to the UNCLOS.

 Brazil’s Continental Shelf does not always settle within the parameters of the Exclusive Economic Zone (EEZ). In fact, it reaches outside 200 nautical miles from the baseline from where the breadth of the territorial sea is estimated1. However, in order for the concerned coastal state to extend its sovereignty over the area, it is important to recognize with the CLCS (Commission on the Limits of the Continental Shelf) the admittance of the outer limits based on the provisions of Article 76 of the UNCLOS2.

This must be based on technical data which recognizes that the extent of the ocean floor also supports its actual length.

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