Article 82 Of The United Nations Convention On The Law Of The Sea: An Examination Of Its Problems And Challenges Of Implementation
Aathi Keseva Siva Murugan J, LL.M., University of Madras
Abubacker Siddiq. H, LL.M., University of Madras
ABSTRACT
Article 82 of the United Nations Convention on the Law of the Sea (UNCLOS) 1982 represents a landmark yet deeply problematic provision in the international law of the sea. It introduces the first-ever international royalty obligation on a coastal State's exploitation of non-living resources of the extended continental shelf beyond 200 nautical miles, with payments to be channelled through the International Seabed Authority (ISA) to developing States on the basis of equitable sharing criteria. Despite its innovative nature, Article 82 is beset by a constellation of textual ambiguities, institutional gaps, and enforcement deficits that threaten its effective operationalisation. This article critically examines the principal problems associated with Article 82, encompassing definitional uncertainties regarding key terms such as 'non-living resources,' 'contributions in kind,' 'production,' and 'value of production'; the ambiguous scope of the developing State exemption; the underdeveloped institutional role of the ISA; the absence of a robust dispute settlement mechanism; and the challenges posed by non-Party States that claim continental shelf entitlements without accepting the corresponding obligations. The article argues that, without concerted international effort to resolve these lacunae through treaty interpretation or supplementary regulation, Article 82 risks remaining a dormant obligation that fails to achieve its redistributive purpose.
Keywords: UNCLOS, Article 82, Extended Continental Shelf, International Seabed Authority, Non-Living Resources, Revenue Sharing, Equitable Distribution, International Royalty, Developing States, Outer Continental Shelf.
