Transcript The Mandate and Work of the UN

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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
UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
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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
UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
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UNITED NATIONS
CONVENTION ON THE LAW
OF THE SEA
Maritime zones of jurisdiction
UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
THE AREA
Maritime
zones of
jurisdiction
CONTINENTAL SHELF
BEYOND 200 M
EXCLUSIVE ECONOMIC ZONE (EEZ))
LAND
LAND
RG
31.1.00
UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
R 001070
Harald Brekke, Member of the CLCS
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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 .”
UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
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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,...”
UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
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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”
UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
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SURFACE OF THE EARTH
UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
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Sketch of geological principles
Continental margin
Mid - oceanic
Foot of slope
ridge
Continental
Deep ocean floor
rise
6-15 Km
30 - 50 Km
Oceanic crust
Krystallinsk kontinental skorpe
Crystalline continental crust
Earth's mantle
MHe
UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
13.12.99
Melted
mantle
Harald Brekke, Member of the CLCS
RL9909003/6
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UNITED NATIONS
CONVENTION ON THE LAW
OF THE SEA
PART VI
CONTINENTAL SHELF
ARTICLE 76
Definition of the continental shelf
UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
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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.”
UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
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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.
UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
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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
UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
14
The continental shelf juridical vs scientific concept
Continental shelf (juridical)
Continental margin
Mid - oceanic
ridge
Foot of slope
30 - 50 Km
Continental
rise
Deep ocean floor
6-15 Km
Oceanic crust
Krystallinsk kontinental skorpe
Crystalline continental crust
Earth's mantle
0
100
Melted
mantle
200
Nautical miles (M)
MHe
UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
13.12.99
Harald Brekke, Member of the CLCS
RL9909003/6
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Paragraph 1
The continental shelf comprises the
sea-bed and subsoil (the superjacent
water is not included)
UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
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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.”
UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
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Paragraph 3
Defines the continental margin
by:
Specifying its physical components
and
Specifically excluding adjacent features
UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
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Article 76, paragraph 3
Coastal State
Sea Surface
Land mass
Foot of slope
Deep ocean floor
Continental margin
UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
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Paragraph 3
The definition of the continental margin is
neutral regarding the geological nature of
the underlying earth’s crust.
The continental margin is defined in
terms of the prolongation of the landmass
of the coastal State
UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
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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).
UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
21
Article 76, paragraph 2
“The continental shelf of a coastal State
shall not extend beyond the limits
provided for in paragraphs 4 to 6.”
UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
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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)).
UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
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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:
UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
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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
UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
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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.”
UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
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Determination of the outer edge
of the continental margin
Baseline
Foot of
slope
60M
1 % of distance
to foot of slope
Crystalline continental crust
Oceanic crust
Nautical mile( M )
0
100
200
UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
300
400
Harald Brekke, Member of the CLCS
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2350
2000
2100
2300
2550
2500
2000
1700
UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Continetal margin delineation
Bathymetric
Harald Brekke,
Member of map
the CLCS
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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.”
UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
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Determination of correct foot of slope
Sketch of geological principles
Continental margin
OUTER
PLATEAU
Foot of slope
Mid - oceanic
ridge
EROSJONSDAL
Continental
rise
Deep ocean floor
6-15 Km
30 - 50 Km
Oceanic crust
Crystalline continental crust
Earth's mantle
MHe
UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
13.10.99
Melted
mantle
RL9909003/5
Harald Brekke, Member of the CLCS
30
Profile 3
UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
31
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
UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
32
Baseline
2500 m
isobath
Maximum 2
Maximum 1
Maximum limits of the
continental shelf
100M
Foot of
slope
60M
1 % of distance
to foot of slope
Crystalline continental crust
Oceanic crust
Nautical mile( M )
0
100
200
UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
300
350
400
Harald Brekke, Member of the CLCS
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2350
2000
2100
2300
2550
2500
2000
1700
UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Continetal margin delineation
Bathymetric
Harald Brekke,
Member of map
the CLCS
34
2350
2000
2100
2300
2550
2500
2000
1700
UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Continetal margin delineation
Bathymetric
Harald Brekke,
Member of map
the CLCS
35
2350
2000
2100
2300
2550
2500
2000
1700
UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Continetal margin delineation
Bathymetric
Harald Brekke,
Member of map
the CLCS
36
SURFACE OF THE EARTH
UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
37
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
UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
38
Paragraph 6
Maximum limits on submarine highs:
“Submarine ridges” - 350 M
“Submarine elevations” - § 5 applies
UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
39
STATEMENT OF UNDERSTANDING
CONCERNING A SPECIFIC METHOD
TO BE USED IN ESTABLISHING THE
OUTER EDGE OF THE CONTINENTAL
MARGIN
Final Act - Annex II
UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
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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.
UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
41
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.
UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
ED
IM ENT THIC
KNE
SS
1%
OF
DI
ST
AN
CE
)
OS
IN
EN
TA
NT
m
CO
E
00
25
H
FO
S
T
O
M
FO O
200 M
350 M
60
FT
TO
Delineation
principles
LSL
O
PE
(F
100 M
S
42
Baseline
Land
UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
43
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 (.....)."
UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
44
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."
UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
45
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."
UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
46
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."
UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
47
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.”
UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
48
Other provisions regarding the
continental shelf
UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
49
Article 77
Rights 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.
UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
50
Article 82
Payments 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
UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
51
Article 83
Delimitation 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
UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
52
Article 84
Charts 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
UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS