COMMISSION ON LIMITS OF CONTINENTAL SHELF REVIEWS AND ADOPTS SCIENTIFIC AND TECHNICAL GUIDELINES
Press Release
SEA/1618
COMMISSION ON LIMITS OF CONTINENTAL SHELF REVIEWS AND ADOPTS SCIENTIFIC AND TECHNICAL GUIDELINES
19990604 NEW YORK, 4 June (Division for Ocean Affairs and the Law of the Sea) -- The Commission on the Limits of the Continental Shelf completed its fifth session, which took place from 3 to 14 May, with the adoption of its Scientific and Technical Guidelines (CLCS/11). The draft Guidelines (CLCS/L.6) had been adopted provisionally at the end of the previous session pending further discussion and final adoption at this fifth session.Scientific and Technical Guidelines
At this session, the Commission considered both those sections of the Guidelines on which consensus had yet to be reached, and introduced further changes in other sections of the text after extensive discussion. It also continued working on Annex II to the Guidelines, which will contain, among other material, illustrations depicting specific cases of delineation of the outer limits of the continental shelf.
The Scientific and Technical Guidelines are to provide assistance to coastal States regarding the technical nature and scope of the data and information to be included in the submission addressed to the Commission. The Guidelines are of a highly scientific nature; they deal with geodetic and other methodologies for the determination of the outer limit of the continental shelf using such criteria as determination of the foot of the slope of the continental margin, sediment thickness and structure of submarine ridges and other underwater elevations.
Several States, namely Australia, Canada, New Zealand and the United States, had addressed letters to the Commission containing comments on the Guidelines. Those comments were issued in all official languages as conference room papers for the internal use of the Commission so that its members might examine them in their personal capacity as scientific experts.
The first week of the Commission was devoted to deliberating outstanding scientific issues and to introducing further refinements throughout the entire text. To accomplish this, the Editorial Committee, under the chairmanship of Galo Carrera, was reconvened. That Committee first considered changes
proposed by its Chairman, primarily after consultation with the chairs of the working groups throughout the intersessional period.
All issues of substance were then referred to the working groups which had been set up at the Third Session of the Commission for consideration of each chapter of the guidelines. Those groups, which once again considered each chapter, were:
-- Chapter 2: Entitlement to an extended continental shelf and the delineation of its outer limits. Chairman, Mr. Carrera;
-- Chapter 3: Geodetic methodologies and the outer limits of the continental shelf. Chairman, Mr. Carrera;
-- Chapter 4: The 2,500-metre isobath. Chairman, Mr. Lamont;
-- Chapter 5: Foot of the continental slope determined as the point of maximum change in the gradient at its base. Chairman, Mr. Rio;
-- Chapter 6: Foot of the continental slope determined by means of evidence to the contrary to the general rule. Chairman, Mr. Hinz;
-- Chapter 7: Ridges. Chairman, Mr. Hamuro;
-- Chapter 8: Delineation of the outer limits of the continental shelf based on sediment thickness. Chairman, Mr. Brekke;
-- Chapter 9: Information on the limits of the extended continental shelf. Chairman, Mr. Albuquerque.
Besides the working groups on chapters, two other groups also reconvened: the Oversight group, chaired by Mr. Awosika, whose task was to ensure that all issues raised in the 1993 and 1995 meetings of experts were addressed in the Guidelines; and the working group on Annex II, chaired by Mr. Jaafar, which continued its consideration of flow charts and illustrations to depict the scientific principles of several chapters of the Guidelines. Annex II was not adopted at this session, but is expected to be finalized at the next session of the Commission.
During the consideration of the Guidelines, a number of comments were made on various sections of the text, and substantive revisions were proposed by some members of the Commission, with a view to producing a final consensus text. Substantial changes were incorporated in the revised version of the Guidelines, dealing with, among other things, such matters as baselines; the selection of straight lines to delineate the outer edge of the continental shelf; some aspects of geodetic methodologies; sources of data for bathymetric
- 3 - Press Release SEA/1618 4 June 1999
measurements; foot of the continental slope determined as the point of maximum change of gradient, and as determined on the basis of evidence to the contrary; ridges; and sediment thickness.
Training
The issue of training was considered at the fifth session in a context of promoting better understanding of both article 76 of the Convention and the Guidelines, in particular taking account of the needs of developing States. During the intersessional period, research would be undertaken to identify training needs and available means, including a review of existing training projects and capacities within the United Nations system.
Trust Fund
The Commission also continued to pursue the possibility of establishing a trust fund to allow all members of the Commission to fully participate in the Commission's activities, including those members from developing countries which have encountered difficulties in financing the participation of their nationals in all sessions of the Commission.
Extension of Continental Shelf Beyond 200 Miles: Role of Commission
The continental shelf is the extension of a coastal State's land territory beneath the oceans or seas. It is defined in the United Nations Convention on the Law of the Sea as the seabed and subsoil of the submarine areas that extend beyond a coastal State's territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin, or, where the outer edge of the continental margin does not extend up to that distance, to a distance of 200 nautical miles from the baselines from which the breadth of the territorial sea is measured. The Convention recognizes coastal States' exclusive sovereign rights to explore and exploit the resources of their continental shelf up to 200 nautical miles -- the State is not obliged to take any action to assert its rights over the natural resources of the continental shelf which are, in some areas, extremely valuable.
The Commission was created to deal with specific circumstances when geomorphological and geological features allow the coastal State to extend the outer limits of its continental shelf beyond 200 nautical miles. However, according to the Convention, the continental shelf is not permitted to be delineated further than either: a) 350 nautical miles from its baselines, or b) 100 nautical miles from the 2,500 metre isobath (the line connecting points where the depth of the ocean is at 2,500 metres).
- 4 - Press Release SEA/1618 4 June 1999
If a coastal State wishes to delineate the outer edge of its continental shelf at a distance greater than the 200 nautical mile legal continental shelf accorded by the Convention (providing that there exist no conflicting claims to the same seabed area by another State), that State must follow precise formulations laid down in the Convention, and must make a submission to the Commission containing the certain scientific and technical data and information in support of such limits. The Commission shall consider such submissions and make a recommendation to the coastal State. The limits of the shelf established by a coastal State on the basis of such a recommendation shall be final and binding.
Next Session
The sixth session of the Commission will take place from 31 August to 3 September. The Commission intends to complete its work on annexes to the Guidelines containing illustrations of its provisions and other material, to discuss the matters of the establishment of a trust fund and training, and to examine the technical facilities of the Secretariat and its logistical preparedness for receiving submissions. In view of the fact that in accordance with rule 12 of the Rules of Procedure the current term of office of the Chairman, the Vice-Chairmen and the Rapporteur expires on 15 December, the next Session will also have on its agenda the election of the officers of the Commission.
* *** *