The United Nations Convention on the Law of the Sea and the Delineation of the Outer Limits of the Continental Shelf

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The United Nations Convention on the Law of the
Sea and the Delineation of the Outer Limits of
the Continental Shelf

• Harald Brekke
• CLCS Member

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UN PROCESS
International Law Commission 1949 - 1956 1st
Conference on the LOS 1958 - Geneva
Convention 1958 2nd Conference on the LOS
1960 Sea-Bed Commission 1968 - 1973 Declaration
of Principles, GA 1970 3rd Conference on the LOS
1973 - 1982 - UNCLOS 1982

- Entered into force 1994

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UNITED NATIONS CONVENTION ON THE LAW
OF THE SEA Maritime zones of jurisdiction
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Maritime zones of jurisdiction
LIMIT OF
THE CONTINENTAL
THE AREA
CONTINENTAL SHELF
BEYOND 200 M
SHELF
200 - MILE BOUNDARY
SLOPE

CONTINENTAL


FOOT OF THE
200 M
EXCLUSIVE ECONOMIC ZONE (EEZ))
CONTIGUOUS ZONE
24 M
12M
TERRITORIAL SEA
BASELINE
LAND
LAND
RG
31.1.00
R 001070
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TRUMAN PROCLAMATION 28 SEPT. 1945
The Government of the United States ...regards
the natural resources of the subsoil and seabed
of the continental shelf beneath the high seas
but contiguous to the coasts of the United States
as appertaining to the United States, subject to
its jurisdiction and control.
United States Government regarded this to be...
reasonable and just, .............., since the
continental shelf may be regarded as the
extension of the landmass of the coastal nation
and thus naturally appurtenant to it .
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INTERNATIONAL COURT OF JUSTICE 20 FEB. 1969
More fundamental than the notion of proximity
appears to be the principle ...... of the natural
prolongation or continuation of the land
territory.....
.. What confers the ipso jure title which
international law attributes to the coastal State
in respect of its continental shelf, is the fact
that the submarine areas concerned may be deemed
to be actually part of the territory over which
the coastal State already has dominion , - in the
sense that, ..... , they are a prolongation or
continuation of that territory,...
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CONTINENTAL SHELF BOUNDARIES
Geneva Convention 1958
The continental shelf extends ..to where the
depth of the superjacent water admits of the
exploitation of the natural resources.. UNCLOS
1982 The limits of the continental shelf
established according to the Convention ..shall
be final and binding
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SURFACE OF THE EARTH
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Sketch of geological principles
Continental margin
Continental Shelf
Continental
Mid - oceanic
Foot of slope
ridge
slope
Sediments
Continental
Deep ocean floor
rise
Oceanic crust
6-15 Km
30 - 50 Km
Krystallinsk kontinental skorpe
Crystalline continental crust
Melted
mantle
Earth's mantle
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UNITED NATIONS CONVENTION ON THE LAW
OF THE SEA PART VI CONTINENTAL SHELF
ARTICLE 76
Definition of the continental shelf
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Article 76, paragraph 1
The continental shelf of a coastal State
comprises the sea-bed and the subsoil of the
submarine areas that extend beyond its
territorial sea throughout the natural
prolongation of its land territory to the outer
edge of the continental margin, or to a distance
of 200 nautical miles from the baselines from
which the breadth of the territorial sea is
measured where the outer edge of the continental
margin does not extend up to that distance.
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Paragraph 1
Defines the continental shelf in terms of the
outer edge of the continental margin. This
is a legal definition and must not be confused
with the scientific definition.
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Paragraph 1
The continental shelf extends either to the
outer edge of the continental margin or to 200
nautical miles where the continental margin does
not extend that far
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The continental shelf - juridical vs scientific
concept
Continental shelf (juridical)
Continental margin
Continental Shelf (scientific)
Continental
Mid - oceanic
Foot of slope
ridge
slope
Sediments
Continental
rise
Deep ocean floor
Oceanic crust
6-15 Km
30 - 50 Km
Krystallinsk kontinental skorpe
Crystalline continental crust
Melted
Earth's mantle
mantle
0
100
200
Nautical miles (M)
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Paragraph 1
The continental shelf comprises the sea-bed and
subsoil (the superjacent water is not included)
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Article 76, paragraph 3
The continental margin comprises the submerged
prolongation of the land mass of the coastal
State, and consists of the sea-bed and the
subsoil of the shelf, the slope and the rise. It
does not include the deep ocean floor with its
oceanic ridges or the subsoil thereof.
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Paragraph 3
Defines the continental margin by Specifying
its physical components and Specifically
excluding adjacent features
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Article 76, paragraph 3
Coastal State
Sea Surface
Shelf
Land mass
Slope
Foot of slope
Rise
Deep ocean floor
Continental margin
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Paragraph 3
The definition of the continental margin is
neutral regarding the geological nature of the
underlying earths crust. The continental margin
is defined in terms of the prolongation of the
landmass of the coastal State
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The Coastal State Origin
According to paragraphs 1 and 3 the coastal State
is the starting point for the continental margin,
and generates its continental shelf The
continental margin is the submerged prolongation
of its landmass ( 3), while The continental
shelf is the sea-bed and subsoil of the natural
prolongation of its land territory ( 1).
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Article 76, paragraph 2
The continental shelf of a coastal State shall
not extend beyond the limits provided for in
paragraphs 4 to 6.
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Article 76, paragraph 4
Gives operational definitions of the outer edge
of the continental margin (4 (a)) and the foot
of the continental slope (4 (b)).
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Article 76, paragraph 4 a)
For the purposes of this Convention, the coastal
State shall establish the outer edge of the
continental margin wherever the margin extends
beyond 200 nautical miles from the baselines from
which the breadth of the territorial sea is
measured, by either
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Article 76, paragraph 4 a)
(i) a line delineated in accordance with
paragraph 7 by reference to the outermost fixed
points at each of which the thickness of
sedimentary rocks is at least 1 per cent of the
shortest distance from such point to the foot of
the continental slope or
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Article 76, paragraph 4 a)
(ii) a line delineated in accordance with
paragraph 7 by reference to fixed points not more
than 60 nautical miles from the foot of the
continental slope.
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Determination of the outer edge of the
continental margin
Baseline
Foot of slope
Sediments
60M
1 of distance
to foot of slope
Crystalline continental crust
Oceanic crust
Nautical mile( M )
100
200
300
400
0
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Continetal margin delineationBathymetric map
2350
2000
2100
2300
2550
2500
2000
1700
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Article 76, paragraph 4 b)
In the absence of evidence to the contrary, the
foot of the continental slope shall be determined
as the point of maximum change in gradient at its
base.
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Determination of correct foot of slope
Sketch of geological principles
Continental margin
Continental Shelf
OUTER
Foot of slope
PLATEAU
Continental
Mid - oceanic
slope
ridge
Sediments
Continental
EROSJONS-
rise
Deep ocean floor
DAL
Oceanic crust
6-15 Km
30 - 50 Km
Crystalline continental crust
Melted
Earth's mantle
mantle
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Profile 3
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Paragraph 5
Sets the maximum extent of the continental shelf
to be either 350 nautical miles from the
baselines or 100 nautical miles from the 2,500
meters depth contour
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Maximum limits of the continental shelf
Baseline
Maximum 1
Maximum 2
2500 m
isobath
100M
Foot of slope
Sediments
60M
1 of distance
to foot of slope
Crystalline continental crust
Oceanic crust
Nautical mile( M )
100
200
300
400
0
350
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Continetal margin delineationBathymetric map
2350
2000
2100
2300
2550
2500
2000
1700
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Continetal margin delineationBathymetric map
2350
2000
2100
2300
2550
2500
2000
1700
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Continetal margin delineationBathymetric map
2350
2000
2100
2300
2550
2500
2000
1700
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SURFACE OF THE EARTH
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Categories of submarine highs
Oceanic ridges of the deep ocean floor -
3 Submarine ridges - 6 Submarine elevations
that are natural components of the
continental margin - 6
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Paragraph 6
Maximum limits on submarine highs Submarine
ridges - 350 M Submarine elevations - 5
applies
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STATEMENT OF UNDERSTANDING CONCERNING A SPECIFIC
METHOD TO BE USED IN ESTABLISHING THE OUTER EDGE
OF THE CONTINENTAL MARGIN
Final Act - Annex II
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Final Act - Annex II
A request from the Third Conference to the CLCS
to let itself be governed by a set of special
rules for the coastal States in the southern part
of the Bay of Bengal. These rules aim to
compensate for the exceptional shape and sediment
distribution of the continental margin in this
region.
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Paragraph 7
States that the outer limit of the continental
shelf beyond 200 nautical miles shall be
delineated by fixed points not more than 60
nautical miles apart, and straight lines
connecting the fixed points.
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Delineation principles
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Article 76, paragraph 8
"Information on the limits of the continetal
shelf beyond 200 nautical miles (.......) shall
be submitted to the Commission on the Limits of
the Continental Shelf (.....)."
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Article 76, paragraph 8 (continued)
"The Commission shall make recommendations to
coastal States on matters related to the
establishment of the outer limits of their
continental shelf."
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Article 76, paragraph 8 (continued)
"The limits of the shelf established by a coastal
State on the basis of these recommendations shall
be final and binding."
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Article 76, paragraph 9
"The coastal State shall deposit with the
Secretary-General of the United Nations charts
and relevant information, including geodetic
data, permanently describing the outer limits of
its continental shelf. The Secretary-General
shall give due publiscity thereto."
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Article 76, paragraph 10
The provisions of this article are without
prejudice to the question of delimitation of the
continental shelf between States with opposite or
adjacent coasts.
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Other provisions regarding the continental shelf
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Article 77Rights of the coastal state over the
continental shelf
Provides for the coastal State sovereign rights
over the continental shelf for the purpose of
exploring and expoliting its natural resources.
These rights are exclusive and do not depend on
occupation, effective or notional, or on express
proclamation.
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Article 82Payments and contributions with
respect to the expolitation of the continental
shelf beyond 200 nautical miles
- Coastal State to make payments or contributions
in kind to the International Seabed Authority -
1 from sixth year increasing annually to 7
(max) of value or volume of production at site -
Developing States who are net importers of a
mineral resource produced from it continental
shelf are excempted
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Article 83Delimitation of the continental shelf
between States with opposite or adjacent coasts
- Delimitation be effected by agreement on the
basis of international law, ref. Article 38 of
the Statue of the International Court of
Justice. - In case of no agreement implement
dispute settlement procedures - Provisional
agreements shall be without prejudice to the
final delimitation - Agreement already in force
shall prevail
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Article 84Charts and lists of geographical
co-ordinates
Charts and lists of geographical co-ordinates
specifying the outer limit lines and lines of
delimitation of the continental shelf shall be
duely published and deposited with the UN General
Secretary. In cases where the charts and lists
specifies the outer limit lines of the
continental shelf a copy shall also be deposited
with the Secretary General of the International
Seabed Authority