It is no exaggeration to say that the Third United Nations Conference on the Law of the Sea was one of the most important law-making events of the twentieth century. It heralded the beginning of a revolution in international law by introducing a new law-making technique based on consensus decision-making and universal participation. It also produced a comprehensive treaty on the law of the sea. The resulting Law of the Sea Convention is commonly claimed to provide a universal legal framework for all ocean activities. Upon this background, it is pertinent to ask, what is the future for the LOS Convention and the law of the sea in the twenty-first century? How does the Convention evolve to take into account changing values, policies and preferences of the international community? How have developments in law-making techniques influenced the way in which the law of the sea is created and changed? This thesis initially establishes the legal basis for the LOS Convention as a universal framework for the law of sea. It shows how the negotiation of the Convention substantially influenced customary international law so that it is possible to speak of a universal law of the sea. Yet, the status of the Convention as universal law poses problems for its future development because it cannot be considered solely from the perspective of the law of treaties. The thesis will therefore consider the mechanisms for change contained within the Convention alongside other law-making processes out-with the formal treaty framework. Central to this analysis is the role of institutions in modern international law-making. The thesis looks at the part played by political and technical institutions in developing the law of the sea through interpretation, modification, and amendment, as well as at the ways in which these institutions have utilised and developed the consensus decision-making techniques first seen at UNCLOS III. It will also analyse the role of courts and tribunals in maintaining and developing the legal order of the oceans. This analysis shows that the Convention provides the legal framework for the modern law of the sea for all states. In this context, institutional processes have largely replaced unilateral state practice in law-making. Moreover, states have shown a preference for flexibility and pragmatism over formal amendment procedures. The greatest achievement of the LOS Convention is the creation of a stable legal order for the oceans. To ensure this stability is maintained, continued discussion, deliberation and compromise through international institutions is vital.

One of the central purposes of the international law of the sea is to define various maritime zones, their extent and limits. One of these zones is the continental shelf. The continental shelf in modern international law has two aspects: The continental shelf within 200 nautical miles from the shore of coastal States and the continental shelf beyond that limit. The United Nations Convention on the Law of the Sea provides that information on the limits of the continental shelf beyond 200 nautical miles shall be submitted by the coastal State to a scientific and technical commission, namely the Commission on the Limits of the Continental Shelf. The Commission is responsible for making recommendations to coastal States on matters related to the establishment of the outer limits of their continental shelves beyond 200 nautical miles. If the limits of the shelf established by a coastal State are on the basis of the recommendations, they are final and binding. The establishment of the continental shelf beyond 200 nautical miles has two main features: The establishment of the boundary line between the continental shelf and the international seabed area and the establishment of the boundary between the continental shelf of adjacent or opposite coastal States. Many questions concerning the relationship between these procedures have been left unanswered as well as the relationship between the Commission and international courts and tribunals. This thesis analyses the role of coastal States, the Commission and international courts and tribunals in the establishment of the continental shelf beyond 200 nautical miles and the interplay between them. It explores how the various sources of international law have contributed to the establishment of the current legal framework. The thesis explores the differences between the delineation and delimitation of the continental shelf beyond 200 nautical miles. It demonstrates that the role of the Commission is to curtail extravagant claims to the continental shelf beyond 200 nautical miles and protect the territorial scope of the international seabed area. It also shows that the role of international courts and tribunals in this field is essentially the same as their role in other types of disputes. It explains that the establishment of the boundary line between the continental shelf and the international seabed area and the establishment of the boundary between the continental shelf of adjacent or opposite coastal States is a separate process. Furthermore, it clarifies that the three-stage boundary delimitation method is applicable beyond 200 nautical miles. It also displays that no special rule of customary international law has evolved that is solely applicable to delimitations regarding the continental shelf beyond 200 nautical miles. The thesis addresses the interaction of the various mechanisms within the United Nations Convention on the Law of the Sea concerning the continental shelf beyond 200 nautical miles. Its main conclusion is that despite the possibility for tension to arise the relationship between the institutions is clear and precise and they together form a coherent system where each separate institution plays its own part in a larger process.