SOME LEGAL CONSEQUENCES OF CHILE’S INVOCATION OF THE “THEORY OF NATURAL OCEAN DELIMITATION” IN THE DISPUTE OVER THE SOUTHERN CONTINENTAL SHELF

Abstract

This article presents the so-called “Theory of the Natural Delimitation of the Oceans” and some of its implications for Chile (and Argentina) in the current scenario. Thus, the working premise is that there is evidence and sufficient arguments to substantiate the extension of the Pacific Ocean to the south of the American continent tip. With this, we affirm that the application of the “Theory of the Natural Delimitation of the Oceans” -particularly around the “Drake Passage”- allows Chile to establish an advantageous legal position vis-à-vis Argentina in the current dispute over the “Southern Continental Shelf Crescent”. 

Given the above, we will then review some relevant legal consequences for Chile, which the geographical confirmation that the Pacific Ocean extends to the east of the “Cape Horn Meridian” would have in the afore mentioned conflict.  

Finally, we also note that this article uses a qualitative-descriptive methodology, based on open sources, including international instruments such as the United Nations Convention on the Law of the Sea (UNCLOS), specialized texts and scientific and historiographical contributions on the subject.