COMMISSION ON LIMITS OF CONTINENTAL SHELF TO MEET AT HEADQUARTERS, 31 AUGUST - 4 SEPTEMBER
Press Release
SEA/1606
COMMISSION ON LIMITS OF CONTINENTAL SHELF TO MEET AT HEADQUARTERS, 31 AUGUST - 4 SEPTEMBER
19980828 Background Release Expected to Finalize Scientific and Technical Guidelines(Reissued as received.)
NEW YORK, 28 August (Division for Ocean Affairs and the Law of the Sea) -- The Commission on the Limits of the Continental Shelf will examine its draft Scientific and Technical Guidelines when it holds its fourth session at Headquarters from 31 August to 4 September. The Commission is the body established by the Convention on the Law of the Sea to advise coastal States intending to exercise extended jurisdiction over their continental shelf resources.
The draft Guidelines are meant to provide direction to coastal States which intend to submit data and other material concerning the outer limits of the continental shelf in areas where those limits extend beyond 200 nautical miles. The Convention recognizes coastal States' sovereign rights over the resources of the continental shelf up to a limit of 200 nautical miles, provided that such limit is possible given the nature of the claim of an adjacent or opposite State.
Under specific circumstances, and depending on specific, scientific criteria, States may extend their sovereign rights over the resources of their shelves in areas beyond 200 miles. The determination of these criteria involves complex technical and scientific data to be produced by the States and considered by the Commission in making its recommendations.
At its last session, in addition to putting together the draft guidelines, the Commission also considered issues relating to certain sections of its rules of procedure. It is expected at this session to consider the outstanding issues in its rules of procedure, including the annexes, which were considered by the Meeting of States Parties to the Convention (document SPLOS/31). It is anticipated the rules would be adopted as a whole with the approval of the annexes.
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Extensive work on these guidelines has already taken place during the third session of the Commission, from 4 to 15 May, resulting in a draft paper which was considered by the members of the Commission during the intersessional period. The Commission had established an Editorial Committee on the Scientific and Technical Guidelines, and a number of drafting groups had been formed during that session to continue work on various chapters of the draft guidelines.
The determination of the outer limit of the continental shelves of States is necessary for the establishment of those areas of the seabed to be utilized for the benefit of all nations. The General Assembly, and later the Convention on the Law of the Sea, have declared that the resources of the deep seabed beyond the limits of national jurisdiction -- for example beyond the limit of a State's continental shelf -- are the common heritage of all mankind, to be managed jointly by all States through the International Seabed Authority.
Continental Shelf
The continental shelf is defined in the Convention as the area of the seabed, which because of its geological characteristics, is considered as the natural prolongation of the continental or land mass beneath the oceans or seas. The main interest in the shelf is the wealth of resources it holds. The Convention gives coastal States sovereign rights for the purpose of exploring for those resources and exploiting them for economic purposes. The resources of the continental shelf are immense. One United Nations study has estimated the oil reserves on the continental margin at close to 3,000 billion barrels.
Scientific and Technical Guidelines
The Convention on the Law of the Sea requires a State wishing to claim an extended continental shelf jurisdiction to submit evidence in support of its claim to the Commission on the Limits of the Continental Shelf, which is to make its recommendations on the basis of this information submitted by the State. The Scientific and Technical Guidelines prepared by the Commission are intended to clarify the nature, scope and depth of scientific and technical evidence to be examined by the Commission during its consideration of each submission for the purpose of issuing recommendations.
The draft Guidelines themselves are of a highly scientific nature, and deal with such technical issues as the definition of the 2,500 metre isobath, the foot of the slope of the continental shelf, submarine ridges, and the definition of the shelf based on sediment thickness.
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Rules of Procedure
At its previous sessions, the Commission adopted its rules of procedure. However, it left a number of issues contained in the annexes to the rules open until the Meeting of States Parties to the Convention had an opportunity to examine them. The main issues involved how the Commission would handle submissions in case of a dispute between States with opposite or adjacent coasts, the matter of confidentiality in the treatment of restricted data, and the definition of a "coastal State". The Commission also raised with the Meeting the issue of financing the participation of members of the Commission from developing countries
On the two procedural issues, it was emphasized by the Chairman of the Commission that with respect to the first, only undisputed portions of the outer limit of the continental shelves would be handled by the Commission, and that in the case of a disputed area, the Commission would consider the matter only with the agreement of all parties concerned. On the confidentiality issue, the Meeting took note of the opinion of the Legal Counsel (document CLCS/5) that the members of the Commission enjoyed the privileges and immunities accorded to experts on mission for the United Nations in accordance with article VI of the Convention on the Privileges and Immunities of the United Nations (General Convention).
As to whether interpretation of the terms "coastal States" and "States" included States which were not parties to the Convention, the consensus was that the Meeting of States Parties was not competent to give a legal opinion on the matter, and that only if and when the problem actually arises should the opinion of the Legal Counsel be sought by the Commission.
Lastly, on the question of financing the participation of members of the Commission from developing countries in the work of the Commission, the Secretariat was asked by the Meeting of States Parties to explore various possibilities that had been previously used to facilitate such participation in other contexts, including the establishment of a trust fund. However, it was emphasized that according to the Convention, States which nominated members to the Commission were obliged to defray their expenses.
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