Study On Legal Issues Of Controversy On Delimitation Of Outer Continental Shelf Of Sub-Antarctic Islands

Article 76 of the United Nations Convention on the Law of the Sea provides a jurisprudential basis for coastal States to assert their rights to the continental shelf beyond 200 nautical miles.The application for the delimitation of the continental shelf beyond 200 nautical miles,based on the sovereignty recognized by the international community and the rights conferred by the United Nations Convention on the Law of the Sea,is a right that has certain legal factors and is submitted by the sub Antarctic islands located north of 60 degrees south latitude.However,this "legitimate right" may result in the consequences of "creating sovereign rights" and "exploiting mineral resources" in the Antarctic region due to a portion of its entry south of 60 degrees south latitude,which is in violation of the Antarctic Treaty system.In addition,there are also disputes on the delimitation of the continental shelf outside the sub Antarctic islands,such as sovereignty disputes,the nature of the islands,and the effectiveness of the recommendations of the Commission on the Continental Shelf,which affect the realization of their continental shelf rights.This article analyzes the legal factors and existing legal issues in the delimitation of the outer continental shelf in the special field of sub Antarctic islands,and proposes corresponding solutions.This can not only alleviate the conflict between the Antarctic Treaty and the United Nations Convention on the Law of the Sea in overlapping the application of Antarctic waters in theory,but also provide an opportunity for China to participate in Antarctic governance and enhance its influence in Antarctica in practice.The first part of this article mainly introduces the basic situation of the sub Antarctic islands and the development of the continental shelf system.Including the geographical profile,territorial sovereignty,and legal application of the islands in the sub Antarctic;The evolution of the continental shelf system from international custom to substantive law,as well as the legal nature,delimitation rules,and deliberative rules of the Commission on the Limits of the Continental Shelf contained in the United Nations Convention on the Law of the Sea.The second part analyzes the legal factors for the delimitation of the continental shelf of representative sub Antarctic islands through their practice of delimitation of the outer continental shelf.The legitimacy lies in the fact that sub Antarctic islands belong to the definition of coastal States that can claim rights on the outer continental shelf,and most islands do not have sovereignty disputes.Secondly,the United Nations Convention on the Law of the Sea provides a legal basis for their claims.The third part analyzes the legal issues existing in the application for the delimitation of the outer continental shelf of sub Antarctic islands.Including the fact that the territorial sovereignty of the United Kingdom and Argentina over the sub Antarctic islands overlaps,preventing the submission of the continental shelf from entering the Commission’s deliberation process;The ambiguous criteria for determining "islands" and "reefs" affect the realization of continental shelf rights;And the unclear nature of the committee’s "recommendations" affects their effectiveness;At the same time,the continental shelf extending into the "Antarctic Treaty Area" conflicts with the Antarctic Treaty System.The fourth part is the solution to the problem of delimitation of the outer continental shelf of the sub Antarctic islands.This includes formulating legal documents on the delimitation of the outer continental shelf of sub Antarctic islands through the Antarctic Treaty Consultative Conference,using the International Law Commission to provide explanations for the determination of "islands" and "reefs",clarifying the nature of the effectiveness of the "recommendations" of the Commission on the Limits of the Continental Shelf,and granting the Commission the right to review the final delimitation of the outer continental shelf.The fifth part,based on the research in this article,puts forward suggestions for China’s Antarctic governance.On the basis of ensuring the authority of the Antarctic Treaty in Antarctic governance,China should actively participate in the formulation of Antarctic governance rules through the Antarctic Treaty Consultative Conference and introduce domestic laws to implement the obligations of Antarctic environmental protection,so as to effectively safeguard the fragile ecological environment in Antarctica.