A New Constraint to the Entitlement of a Continental Shelf beyond 200 Nautical Miles? – Implications of the Recent Case Law

Abstract The recent judgments of the International Court of Justice ( ICJ ) in Nicaragua v. Colombia and of a special chamber of the International Tribunal for the Law of the Sea in Mauritius/Maldives provide significant developments to the legal regime of the continental shelf within the law of the sea, as well as its relationship to the exclusive economic zone. Specifically, the ICJ stated that the continental shelf beyond 200 nautical miles cannot overlap with the area within 200 nautical miles of another State’s baselines. This decision potentially creates a new constraint line to a coastal State’s entitlement to a continental shelf beyond 200 nautical miles. Furthermore, the two decisions blur the distinction between delineation and delimitation of the continental shelf. They hold significant implications for the concept of a ‘single continental shelf’ and raise questions about the necessity of establishing grey areas in the future.