A PROJECT REPORT ON – “MEANING AND DELIMITATION OF

CONTINENTAL SHELF UNDER INTERNATIONAL LAW”

MANIPAL UNIVERSITY JAIPUR

UNDER SUPERVISION OF:- SUBMITTED BY:-

MR. MOHIT GUPTA MUKUL BAJAJ
ASSISTANT PROFESSOR 151301052
 CERTIFICATE

This is to certify that Mr. Mukul Bajaj student of B.A.LL.B (Hons.), Seventh Semester, School of
Law, Manipal University Jaipur has completed the project work entitled “Meaning and
Delimitation of continental shelf under international law”, under my supervision and guidance.
It is further certify that the candidate has made sincere efforts for the completion of the project
work.

SUPERVISOR NAME

(Mr. Mohit Gupta)

 ACKNOWLEDGEMENT

I express deep sense of gratitude and indebtness to our teacher Mr. Mohit Gupta under whose
guidance valuable suggestions, constant encouragement and kind supervision the present project
was carried out. I am also grateful to college and faculty of law for their feedback and for keeping
us on schedule.
I also wish my sincere thanks to my friends who helped directly or indirectly by giving their
valuable suggestions.

Mukul Bajaj
Contents
INTRODUCTION .......................................................................................................................... 5
1. CONTINENTAL SHELF ........................................................................................................... 6
Why continental shelf is included in international law? ................................................................. 7
2. RIGHTS AND DUTIES OF COASTAL STATES .................................................................... 7
3. CONVENTIONS ON CONTINENTAL SHELF ....................................................................... 9
CONCLUSION ............................................................................................................................. 13
BIBLIOGRAPHY ......................................................................................................................... 14
INTRODUCTION
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.1

1
http://noc.ac.uk/science-technology/earth-ocean-system/coastal-seas/shelf-seas
CONTINENTAL SHELF
Meaning of Continental Shelf
Shelf seas occupy about 7% of the area of the world’s oceans but their economic importance is
significantly greater. A continental shelf is the edge of a continent that lies under the ocean. 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. The continental shelf is an important maritime zone, one that holds many resources and vital
habitats for marine life. The majority of the world’s continental shelf is unknown and unmapped.

The term Continental Shelf first used in 1887 by Hugh Robert Mill. The Continental Shelf is the
gently sloping undersea plain between a continent and the deep ocean. The continental shelf is an
extension of the continent’s landmass under the ocean.

Formation of Continental Shelf:

Over many millions of years, organic (remains of plants and animals) and inorganic (sediments)
materials formed continental shelves. 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. 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. 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’2.

2
http://education.nationalgeographic.com/education/encyclopedia/continental-shelf/?ar_a=1
It is the submarine prolongation of a coastal state’s landmass to the outer edge of the continental
margin. The continental shelf falls under the coastal state’s jurisdiction. Areas beyond the
continental margin are, however, part of the international seabed area.

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
state’s 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. 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.3

Reason for not taking a fixed limit of continental shelf:

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.” Therefore, the extent is not limited to 200km nautical miles.

RIGHTS AND DUTIES OF 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.

International law, both through treaty and customary usage, confirms each coastal state’s right to
explore and exploit the natural resources of its continental shelf. The concept of the continental

3
http://noc.ac.uk/science-technology/earth-ocean-system/coastal-seas/shelf-seas
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 the bed and the subsoil
of certain areas of the high seas. 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 law4.

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 first–five 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. However, “The rights of the coastal State over the continental 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.”

Rights of Other States in The Continental Shelf-

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.

4
http://www.state.gov/e/oes/continentalshelf/
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 lay down under section 6, Para 3 that “the Union has:

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

resources;

2. Exclusive rights and jurisdiction for the construction, maintenance or operation of artificial
Islands, off-shore terminals, installations and other structures and devices necessary for the
continental shelf or for convenience of shipping or for any other purpose.

3. Exclusive jurisdiction to authorize, regulate and control scientific research

4. 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 declared 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.5

CONVENTIONS ON CONTINENTAL SHELF

The concept of continental shelf acquired its importance when it was propounded by US President
True man on September 28, 1945.While nations over the centuries have alternatively made

5
Charles D. Hounshell And L Hugh Kemp,The Continental Shelf: A Study In National Interest And
International Law
expansive and narrow claims to the seas beyond their coasts, the origin of the modern 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.”

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.” The Continental Shelf is the gently sloping undersea plain between a continent and the
deep ocean. The continental shelf is an extension of the continent’s 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 “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.6

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.

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.

6
http://www.boem.gov/Renewable-Energy-Program/Renewable-Energy-Guide/The-Continental-
Shelf.aspx
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 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.
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 world’s 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 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 world’s 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. Dr. H.O. Agarwal, International Law and Human Rights, Central Law Publication, 21st
Edition (Reprint), 2017
2. www.lawoctupus.com
3. Donald Rothwall, The International Law of Seas, Hart Publications, 2nd Edition, 2016