~ Nature of Continental Shelf Rights in International Law ~

FI N AL D R AFT

SUBJCT : PUBLIC INTERNATIONAL LAW

TOPIC :
Continental Shelf Rights in International Law"

Submittd To : Submittd By :
Mr. Manvinder Kumar Tiwari Bharat Joshi
Assistant Professor (Law) 4th Smstr, 2nd Yar
Dr. RMLNLU, Lucknow. B.A. LL.B. (Hons.)
Dr. RMLNLU, Lucknow
Roll No. : 39
Section - A

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 ~ Nature of Continental Shelf Rights in International Law ~

ACKNOWLEDGEMENTS

I would like to extend special thanks and gratitude to my teacher in Public International

Law, Mr. Mavinder Kumar Tiwari, who gave me the golden opportunity to work on

this wonderful research topic " Continental Shelf Rights in International Law " which has

helped me gain a lot of perspective about the subject. Throughout the research period

I have been time and again guided by my teacher whenever I faced any hurdles or

was in a state of stupor not being able to figure out the intricacies of the subject.

CONTENTS
1. Introduction 4

2. Continental Shelf - 5

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 ~ Nature of Continental Shelf Rights in International Law ~

A. Meaning of Continental Shelf

B. Formation of Continental Shelf:

C. Definition

3. Why continental shelf is included in international law? 7

4. Reason for not taking a fixed limit of continental shelf 8

5. Rights And Duties Of Coastal States 8

A. Rights of Coastal States

B. Rights of Other States in The Continental Shelf

6. Indian position on Continental Shelf 10

7. On Continental Shelf 12

A. Definition and Outer Limit of Continental Shelf

B. Geneva Convention, 1958

C. Continental Shelf under the Convention on the Law of the Sea, 1982

8. Conclusion 16

9. Bibliography 17

INTRODUCTION

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In ancient times, navigation and fishing were the primary uses of the seas. As man

progressed, pulled by technology in some instances and pushing that technology at other

times in order to satisfy his needs, a rich bounty of other resources and uses were found

underneath the waves on and under the ocean floor minerals, natural gas, oil, sand and

gravel, diamonds and gold.

A continental shelf is a term that refers to the ledges that protrude from the continental land

mass into the ocean. This is enveloped with a comparatively shallow zone of water

(approximately 150-200 meters deep). This eventually mixes into the depths of the ocean

which is around thousands of meters deep. These shelves occupy around eight percent of the

total area of ocean water and their size varies relatively from place to place. It is the extended

boundaries of every continent and the adjoining coastal plain. This was a component of the

continent during glacial periods, but remains below the sea during interglacial periods. The

continental shelves are loaded with oil and natural gas resources and quite frequently are a

host to huge scale grounds for fishing.

There are various rights and liabilities upon coastal states and their extent .Further various

conventions Geneva convention, 1958 and convention on the law of the sea, 1982 have

made the acceptance of these continental shelf rights by the states within less than thirteen

years and is very important for the regulation of the exploration and exploitation of the

resources of continental shelf.

CONTINENTAL SHELF

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Meaning of Continental Shelf

Shelf seas occupy about 7% of the area of the worlds oceans but their economic importance

is significantly greater.1 A continental shelf is the edge of a continent that lies under the

ocean.2 A continental shelf extends from the coastline of a continent to a drop-off point

called the shelf break. From the break, the shelf descends toward the deep ocean floor in what

is called the continental slope.3 The continental shelf is an important maritime zone, one that

holds many resources and vital habitats for marine life. The majority of the worlds

continental shelf is unknown and unmapped.4

The term Continental Shelf first used in 1887 by Hugh Robert Mill. 5 The Continental Shelf is

the gently sloping undersea plain between a continent and the deep ocean. The continental

shelf is an extension of the continents landmass under the ocean.6

Formation of Continental Shelf:

1
Available at : http://noc.ac.uk/science-technology/earth-ocean-system/coastal-seas/shelf-seas
2
ContinentalShelf,(NationalGeographic)(March17,
2017,6:57p.m.),http://education.nationalgeographic.com/education/encyclopedia/continental-shelf/?ar_a=1
3
Supra Note 1
4
Available at : http://www.state.gov/e/oes/continentalshelf/
5
Charles D. Hounshell And L Hugh Kemp,The Continental Shelf: A Study In National Interest And
International Law
6
Available at : http://www.boem.gov/Renewable-Energy-Program/Renewable-Energy-Guide/The-Continental-
Shelf.aspx
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Over many millions of years, organic (remains of plants and animals) and inorganic

(sediments) materials formed continental shelves.7 Continental shelves external link were

formed in between glacial periods as the ocean flowed over the continents forming shallow

areas along the coasts. About 18,000 years ago, during the height of the Pleistocene ice ages

external link, much of what is now a continental shelf was actually above water.8 During

interglacial periods, like today, the shelf is submerged under relatively shallow waters. The

waters of the continental shelf are rarely more than 500 feet deep, compared to the open

ocean which can be miles deep.9 Much of the continental shelf was exposed dry land during

glacial periods.

Definition:

Article 1 of the Convention on the Continental Shelf, 1958 defined the shelf based on its

exploitability instead of depending upon the conventional geological definition, which

referred to the seabed and subsoil of the submarine zones next to the coast but not within the

territorial sea that extends to a depth of 200 meters or beyond that limit to where the depth of

the superjacent waters admits of the exploitation of the natural resources of the said areas.10

7
Supra Note 2
8
Available at : http://marinebio.org/oceans/continental-shelves.asp
9
Available at : http://www.boem.gov/Renewable-Energy-Program/Renewable-Energy-Guide/The-Continental-
Shelf.aspx
10
Available at : http://www.spilmumbai.com/uploads/article/pdf/principle-of-delimitation-of-continental-shelf-
areas-between-states-23.pdf
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It is the submarine prolongation of a coastal states landmass to the outer edge of the

continental margin. The continental shelf falls under the coastal states jurisdiction. Areas

beyond the continental margin are, however, part of the international seabed area.11

WHY CONTINENTAL SHELF IS INCLUDED IN

INTERNATIONAL LAW?

The continental shelf, in its geological sense, is very un-equally distributed around the

continent. The importance of the continental shelf and the necessity for a special legal regime

applicable to it, did not, however, become apparent until the question of the nature and extent

of the coastal states rights to explore and exploit the natural resources of the continental shelf

was given a new urgency by the discovery in the subsoil of the sea-bed of a mineral source of

wealth, namely petroleum. Furthermore, through advances in engineering and scientific

research, the submarine oil bearing strata became capable of exploitation and exploration by

means of devices operating from the sea-bed of the high seas.12 As the importance of

continental shelf was of national importance in arena of legal, geographical, social and

economical, it was included in the international law.

REASON FOR NOT TAKING A FIXED LIMIT OF

CONTINENTAL SHELF:
11
Available at : http://www.regjeringen.no/en/dep/ud/selected-topics/civilrights/spesiell-folkerett continental-
shelfquestions-and-answers.html?id=448309
12
Available at : http://www.jstor.org/stable/pdfplus/743233.pdf?acceptTC=true&acceptTC=true&jpdConfirm=
true
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International Law Commission stating that the reason for its not adopting a fixed limit for the

continental shelf (this limit being determined by the depth of the superjacent waters or, to be

more exact, by a depth of two hundred meters) coincides exactly with that at which the

continental shelf, in the geological sense, generally comes to an end is that such a limit

would have the disadvantage of instability. Technical developments in the near future, the

Commission continued, might make it possible to exploit the resources of the seabed at a

depth of over two hundred meters.13 Therefore, the extent is not limited to 200km nautical

miles.

RIGHTS OF COASTAL/NON-COASTAL STATES

The waters above the continental shelves are of great importance for navigation and fisheries.

Maritime shipping must of necessity use these waters. Because of the shallowness of the

water fish are abundant and accessible. Submarine cables for communications might be laid

on the sea-bed.14

International law, both through treaty and customary usage, confirms each coastal states right

to explore and exploit the natural resources of its continental shelf. The concept of the

continental shelf is a datum of nature presented as a medium for juridical technique; it tends

to justify State jurisdiction over the exploration and exploitation of the natural resources of

13
Professor Gilbert Gidel for the 1952 Madrid Conference of the International Bar Association; translated from
the French text by L. F. E. Goldie, Lecturer in Law at Canberra University College, The Continental Shelf.
14
Charles D. Hounshell and L Hugh Kemp,The Continental Shelf: A Study In National Interest And
International Law
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the bed and the subsoil of certain areas of the high seas.15 It is, however, incontestable that the

right to exploit certain natural resources of the sea-bed and subsoil, such as pearls, corals,

sponges, amber and chank, did come to be regarded as the monopoly of the coastal state if it

chose to exploit them.

Proper characterization of continental shelf rights acquired under international law will also

assist in treaty negotiations and in resolution of disputes among nations. Petroleum reservoirs

straddling international boundaries provide perhaps the best illustration. Whether one coastal

state can legitimately complain if an adjacent state extracts all the oil or gas from a reservoir

which extends to its continental shelf depends upon the nature and extent of the rights of that

state under international law.16

Rights of Coastal States

The area of continental shelf cannot be appropriated by the States, and therefore, States

cannot exercise sovereignty over this state. They may exercise sovereignty rights to explore

and exploit mineral, non-living resources of the sea-bed and subsoil and they are required to

make payments or contributions annually with respect to all production at a site after the

firstfive years of production at that site. The rate shall increase by 1 per cent of the value for

each subsequent year until twelfth year and shall remain at 7 percent thereafter. If coastal

states does not explore or exploit shelf resources no other state may undertake these activities

without its express consent.17 However, The rights of the coastal State over the continental

15
Ibid.
16
F. V. W. Penick , Halifax, Nova Scotia,The Legal Character of the Right to Explore and Exploit the Natural

Resources of the Continental Shelf, July/August 1985 Vol. 22 No. 4.

17
Article 77, Para 2, Central Law Publications , International Law and Human Rights, 143-144,18th Edition.
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shelf do not affect the regime of freedom of navigation on the high seas or that of the airspace

above the superjacent waters or the Epicontinental Sea.18

Rights of Other States

Other states have been given a few rights over the continental shelf. They are entitled to lay

submarine cables and pipelines on the continental shelf with the consent of continental shelf.

The coastal state may impose conditions for cables or pipelines.19

INDIAN POSITION ON CONTINENTAL SHELF

Indian position on continental shelf has been made clear under Section 6 of the Maritime

Zones Act of 1976. Part 1 of the section lays down that, the seabed and subsoil of the

submarine areas adjacent to the coast but outside the area of the territorial sea, to a depth of

200 meters, or, beyond that limit, to where the depth of the superjacent waters admits of the

exploitation of the natural resources of the said areas. The Act also lays down under section

6, Para 3 that -

The Union has:

Sovereign rights for exploration, exploitation , conservation, and management of all

resources;

Exclusive rights and jurisdiction for the construction, maintenance or operation of

artificial Islands, off-shore terminals, installations and other structures and devices

18
Ibid.
19
Ibid.
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necessary for the continental shelf or for convenience of shipping or for any other

purpose.

Exclusive jurisdiction to authorize, regulate and control scientific research

Exclusive jurisdiction to preserve and protect the marine environment and to prevent

and control marine pollution.

Continental Shelf and North Sea Continental Shelf Case:

The International Court of Justice decided the issues relating to continental shelf in a different

way. It was held that the rights of the coastal state in respect of the area of continental shelf

that constitutes a natural prolongation of its land territory into and under the sea exist ipso

facto and ab initio, by virtue of its sovereignty over the land, and as an extension of it, as an

exercise of sovereign rights of the purpose of exploring the sea-bed and exploiting its natural

resources. Hence, there is an inherent right.

CONVENTIONS ON CONTINENTAL SHELF

The concept of continental shelf acquired its importance when it was propounded by US

President Truman on September 28, 1945.While nations over the centuries have alternatively

made expansive and narrow claims to the seas beyond their coasts, the origin of the modern
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doctrine is often said to be the Truman Proclamation of 1945, by which President Truman

proclaimed:

Having concern for the urgency of conserving and prudently utilizing its natural resources,

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.20

India claimed for the first time in 1955. It took less than thirteen years to accept the concept

of extension of sovereignty powers over continental shelf.

Definition and Outer Limit of Continental Shelf

Geologically continental shelf may be defined as the zone around the continent extending

from the low water line to the depth at which there is usually a marked increase of declivity

to greater depth.21 The Continental Shelf is the gently sloping undersea plain between a

continent and the deep ocean. The continental shelf is an extension of the continents

landmass under the ocean. The continental shelf extends outward to the continental slope and

continental rise.

Geneva Convention, 1958-

In 1958, the first United Nations Conference on the Law of the Sea accepted a definition

adopted by the International Law Commission, which defined the continental shelf to include
20
Proclamation No. 2667, 10 Fed. Reg. 12,303 (1945).
21
Wolfgang Friedman,The Future of the Oceans,p9.
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the seabed and subsoil of the submarine areas adjacent to the coast but outside the area of

the territorial sea, to a depth of 200 meters, or, beyond that limit, to where the depth of the

superjacent waters admits of the exploitation of the natural resources of the said areas.

It helped in interpreting the area of continental shelf according to their own convenience. The

developed states applied the exploitation criterion.

Continental Shelf under the Convention on the Law of the Sea, 1982-

It has defined continental shelf under Para I Article 76 , the seabed and subsoil of the

submarine areas adjacent to the coast but outside the area of the territorial sea to the outer

edge of continental margin , to a depth of 200 meters, where the depth of the superjacent

waters admits of the exploitation of the natural resources of the said areas where the outer

edge of the continental margin.

Para 4 of the convention states that , 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 :

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

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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In the absence of evidence to the contrary, the foot of the continental slope shall be

determined as the point of maximum change in the gradient at its base.

Para 5 of Article 76, states that the fixed points comprising the line of the outer limits of the

continental shelf on the seabed, drawn in accordance with paragraph 4 (a) (i) and (ii), either

shall not exceed 350 nautical miles from the baselines from which the breadth of the

territorial sea is measured or shall not exceed 100 nautical miles from the 2,500 meter

isobaths, which is a line connecting the depth of 2,500 meters.

Para 8 of Article 76, states that information on the limits of the continental shelf beyond 200

nautical miles from the baselines from which the breadth of the territorial sea is measured

shall be submitted by the coastal State to the Commission on the Limits of the Continental

Shelf set up under Annex II on the basis of equitable geographical representation. The

Commission shall make recommendations to coastal States on matters related to the

establishment of the outer limits of their continental shelf. The limits of the shelf established

by a coastal State on the basis of these recommendations shall be final and binding.

Article 82 states that the payments and contributions shall be made annually with respect to

all production at a site after the first five years of production at that site. Article 256

Paragraph 6, qualifies the consent regime obtaining within 200 miles.

Article 6(1) of the Geneva Convention of 1958 had provided that where the same continental

shelf is adjacent to the territories of two or more States whose coasts are opposite each other,

the boundary of the continental shelf appertaining to such States shall be determined by

agreement between them. In the absence of agreement, and unless another boundary line is

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justified by special circumstances, the boundary is the median line, every point of which is

equidistant from the nearest points of the baselines from which the breadth of the territorial

sea of each State is measured.

In the case concerning the Continental Shelf Libya, Arab the International Court of Justice

has not recognized the principle of equi-distance. The delimitation of the continental shelf

between States with opposite or adjacent coasts shall be effected by agreement on the basis of

international law, as referred to in Article 38 of the Statute of the International Court of

Justice, in order to achieve an equitable solution22

CONCLUSION

Continental shelf seas the marginal seas adjacent to the land are the region where

humanity predominantly interacts with the sea. Shelf seas occupy about 7% of the area of the

worlds oceans but their economic importance is significantly greater and the social

importance of shelf seas complements their economic value because the seas provide the

main source for livelihood and a focus for many coastal communities. Development of

natural resources of the continental shelf without being detrimental to competing policies

22
Central Law Publications , International Law and Human Rights, 139-141,18th Edition.
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should be made and its acceptance should be encouraged as a principle of international law.

One means of achieving this will be to keep constantly in mind the two guiding principles

formulated in 1950 by the International Law Commission of the United Nations: (1) to

encourage the exploitation of the natural resources which the continental shelf offers to

mankind, since it is estimated to constitute more than seven per cent of the worlds sea areas;

(2) to avoid the imprisonment of legal thought within a rigid and formalistic conception of

the doctrine of the freedom of the seas. Therefore, the characterization of the rights of a

coastal state to continental shelf natural resources as real property rights is a well-developed

doctrine.

BIBLIOGRAPHY
1. Wb Rsourcs***

Available at : http://noc.ac.uk/science-technology/earth-ocean-system/coastal-
seas/shelf-seas
Available at :
http://education.nationalgeographic.com/education/encyclopedia/continental-
shelf/?ar_a=1
Available at : http://noc.ac.uk/science-technology/earth-ocean-system/coastal-
seas/shelf-seaswww.indiankanoon.org
Available at : http://www.state.gov/e/oes/continentalshelf/

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Available at : http://www.boem.gov/Renewable-Energy-Program/Renewable-
Energy-Guide/The-Continental-Shelf.aspx
Available at :
http://education.nationalgeographic.com/education/encyclopedia/continental-
shelf/?ar_a=1
Available at : http://marinebio.org/oceans/continental-shelves.asp

2. Books Rfrrd***

Wolfgang Friedman,'The Future of the Oceans'.

Central Law Publications , International Law and Human Rights, 18th Edition.
F. V. W. Penick , Halifax, Nova Scotia,The Legal Character of the Right to
Explore and Exploit the Natural.
Charles D. Hounshell and L Hugh Kemp,The Continental Shelf: A Study In
National Interest And International Law.

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