While the unclos permits the right of innocent passage through the territorial waters 75 and archipelagic waters, 76 it also guarantees freedom of navigation through the high seas, 77 eez, 78 straits used for international navigation, 79 and archipelagic sealanes. In order to define the extent of its continental shelf as described in article 76 of that convention, new zealand has undertaken the continental shelf project, a multiphase, multidisciplinary project to identify submarine areas that are the prolongation of the new zealand. Unclos article 76 and the south china sea disputes. Thereafter, an assessment of article 234 unclos and some examples of national regulations adopted in canada and the russian federation pursuant to this article will follow. If a coastal state fails the test of appurtenance, its claim will also fail d. New zealands continental shelf and unclos article 76. Mar 12, 2014 article 75 charts and lists of geographical coordinates 1. The law of the sea was not invented when unclos was adopted in 1982 at the end of the third u. Hydrographic survey and knowledge is extremely significant in determining 2500 meters isobaths as the possible basis to start counting possible limit of 100 miles for measuring the outer limit of the continental margin article 76 5 of unclos as the limit of the continental shelf beyond the distance of 200 miles from the baselines as. Article 76 of unclos defines the continental shelf in a complex and possibly contradictory manner, one that seemingly requires a great deal of data and scientific analysis. This paper will analyze the specific legal regime in part v of unclos to determine whether it has created a certain and predictable regime which has withstood the test of time. The juridical continental shelf of a coastal state comprises the submerged natural prolongation of its land territory, and consists of the seabed and. New zealand ratified the united nations convention on the law of the sea unclos in 1996. Mcdorman cites evidence of actual state practice under the 1958 convention on the continental shelf and unclos article 76 to support his conclusion.
Jurisdictional claims include geographical areas that had traditionally not subject to high pressures of occupation and exploitation polar caps in detriment of global commons. Seychelles and mauritius joint article 76 application the republic of seychelles ratified unclos on 16 november 1994 and the republic of mauritius followed suit on 4 december 1994. Emergence of new maritime scenarios as a result of displacement of. Article 76 of unclos deals with the definition of the outer limit for national jurisdiction closely connected to the term continental shelf. Allen is the judson falknor professor of law and of marine and environmental affairs at the university of washington. The convention governs many aspects of oceans affairs, from navigation and fisheries to scientific research and the rights of coastal states to explore, exploit, conserve, and manage resources within 200 nautical miles of their shores and on their continental shelves beyond 200. Source document contributed to documentcloud by will colson center for strategic and international studies. The law of the sea convention defines the rights and responsibilities of nations with respect to. The latter basis is the one being advocated by russia.
Law of the sea the center for coastal and ocean mapping. Seychelles and mauritius joint article 76 application. On 1 december 2008, these countries jointly made an article 76 application claiming continental shelf extensions in the region of the mascarene plateau. The view that article 82 was a discrete quid pro quo for including areas beyond 200 nautical miles in the definition of the continental shelf in article 76 of the conventionthat article 82 was part of a bargain that can be separated from unclos as a wholefundamentally disregards the accepted view that the package deal was the. Article 76 1 of unclos defines the continental shelf by reference to two alternative basis for entitlement. One aspect of article 76 that makes it so unique is the fact that the definition of the outer limit of the continental shelf beyond 200 m resorts heavily to scientifictechnical terminology. United nations convention on the law of the sea unclos pdf 627kb plain language summary. It outlines the rights and responsibilities countries have related to the use of the oceans, the seabed and their resources, and the protection of the ocean environment.
United nations convention on the law of the sea unclos. Highlights the delimitation of the outer edge of the continental shelf is paving the way for territorial changes both at national and global scales. The unclos dispute settlement bodies were the first international tribunals to provide answers to longstanding questions surrounding the meaning and application of several important, but ambiguous or controversial, legal terms employed under article 76. It may be filed only in respect of subjectmatter which does not extend. Yale law journal jurisdiction and applicable law under unclos. Pdf seafloor highs can be grouped into three legal categories.
The extensive seafloor mapping project grew out of an exhaustive desktop study of the u. Abbreviations unclos united nations convention on the law of the sea cs fs coastal state flag state ts territorial sea eez exclusive economic zone nmi nautical mile 1 nmi 1. Second, the conventions applicable law provision, article 2931, provides that unclos tribunals shall apply this convention and other rules of international law not incompatible with this convention. Malaysia is also of the view that in accordance with the provisions of the convention, namely article 56 and article 76, if the maritime area is less than or to a distance of 200 nautical miles from the baselines, the boundary for the continental shelf and the exclusive economic zone shall be. The fundamental principle is that the continental shelf is the submarine prolongation of the land mass of the coastal state, as distinct from the. These web documents discuss technical issues related to the application of unclos article 76 that have arisen during the course of the continental shelf project. And the 1982 united nations convention on the law of. Classification of seafloor highs according to unclos article 76.
United nations convention on the law of the sea wikipedia. According to article 76, coastal states can under certain geological conditions extend their juridical continental shelf and thus gain marine sovereignty rights. Thus the proper implementation of article 76 requires the collection, assembly, and analysis of a body of relevant hydrographic, geologic, and geophysical data according to the provisions outlined in the article. This is so because article 76 2 of unclos states that the continental shelf of a coastal state shall not extend beyond the limits provided for in paragraphs 4 to 6 of article 76. In order to define the extent of its continental shelf as described in article 76 of that convention, new zealand has. Article 76 1 deals with the definition of continental shelf for a coastal state. Ccomjhc is collecting multibeam bathymetry and acoustic backscatter data that can be used to support an extended continental shelf under article 76 of the united nations convention of the law of the sea unclos. The united nations convention on the law of the sea unclos, also called the law of the sea convention or the law of the sea treaty, is the international agreement that resulted from the third united nations conference on the law of the sea unclos iii, which took place between 1973 and 1982. Article 76 3 and 6, of the united nations convention on the law of the sea. Interpretation of the unclos iii definition of the continental shelf, in d. Whereas, pursuant to article 67, paragraph 2, of the rules, copies of the request and documents annexed thereto were made accessible to the public on 6 november 20. Therefore, article 2931 should not be interpreted as an expansion of the jurisdiction of unclos tribunals beyond unclos. Global warming, oil, unclos article 76, and how an arctic treaty.
How the practice of the clcs on seafloor highs relates to unclos article 76. The continental shelf of a coastal state comprises the seabed and 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. Pdf classification of seafloor highs in accordance with article 76. In accordance with the provisions of article 76, a commission on the limits of the continental shelf beyond 200 nautical miles shall be established in conformity with the following articles. Unclos iii, 19731982 585 days over a 9year period participation of 160 nations unclos is one of the largest history contains 320 articles and 9 annexes the agreement addresses a myriad of issues including navigational rights of ships and aircraft, limits on the extension of national sovereignty over the oceans, environmental protection of the. Unclos, hereafter referred to as the convention of 1982 is the international legal.
The article describes how these attributes are used to define the extent of the continental shelf. Unclos marine environment article 192 general obligation states have the obligation to protect and preserve the marine environment. Article 76 of unclos defines the continental shelf in a complex and possibly contradictory manner, one that. Russias claim in the arctic and the vexing issue of. The sovereignty of a state extends to a belt of sea adjacent to its coast, described as the territorial sea. Article 76 of unclosconsequences of the commission on the limits. The states parties to this convention, prompted by the desire to settle, in a spirit of mutual understanding and cooperation, all issues relating to the law of the sea and aware of the historic significance of this convention as an important contribution to the maintenance of peace, justice and progress for all. Unclos and article 76 the united nations convention on the law of the sea unclos defines the different maritime zones and regulates marine sovereignty rights and rights of use, among others. Rights of the coastal state over the continental shelf. Parties pursuant to article 76, paragraph 1, of the rules, which were transmitted to them on the same date. The united states has not yet acceded to the unclos, but growing recognition. Overview of article 76, its claim process, and relevant unclos provisions c.
On 16th november 2004 denmark ratified the 1982 united nations convention on the law of the sea unclos and now has ten years to put claims for extension of its continental shelf in accordance with article 76. Therefore, as indicated by article 76 4 a, these limits are the way to determine the outer edge of the continental margin referred to in article 76 1. Landas kontinen suatu negara pantai meliputi dasar laut dan tanah di bawahnya dari daerah di bawah permukaan laut yang terletak di luar laut teritorialnya sepanjang kelanjutan alamiah wilayah daratannya hingga pinggiran luar tepi kontinen, atau hingga suatu jarak 200 mil laut dari garis pangkal darimana. Article 761 deals with the definition of continental shelf for a coastal state. The compilation and analysis of data relevant to a u. The commission shall consist of 21 members who shall be experts in the field of geology, geophysics or hydrography, elected by states parties. The united nations convention for the law of the sea unclos, hereafter. Continental shelf and unclos article 76 the united nations. Unclos territorial waters united nations convention on. The application of article 76 of unclos is the culmination of the process of jurisdictional expansion associated with the 3rd united nations conference.
In order to define the extent of its continental shelf as described in article 76 of that convention, new zealand has undertaken the continental shelf project, a multiphase, multidisciplinary project to identify submarine areas that are the prolongation of the new zealand land mass. The united nations convention on law of the sea unclos divides the sea floor into zones, one of which, the juridical continental shelf, only comes into existence if it is claimed by a coastal state. Article claiming extended continental shelf a76 unclos a a danish approach on 16th november 2004 denmark ratified the 1982 united nations convention on the law of the sea unclos and now has ten years to put claims for extension of its continental shelf in accordance with article 76. Cambridge journal of international and comparative law 23. Report on the obligations of states under articles 743 and. Commentary 1 paragraph 1 brings out the fact that the rights. Article 76 the basic objectives of the trusteeship system, in accordance with the purposes of the united nations laid down in article 1 of the present charter, shall be. Shelf in accordance with unclos article 76, ocean development and international. Pdf pandoras box and article 76 of unclos a decade. I it is the last frontier for mans expansion on earth. Interpretation of unclos article 76 and the negative. A practical overview of article 76 of the united nations convention. Consequently, it makes sense that article 2931 cannot expand the jurisdiction of unclos tribunals beyond their jurisdiction under article 2881 to resolve unclos claims. In other words, the outer limits of a coastal states.
Article 76 defines the means by which coastal states establish the extent of their extended continental shelf. Article 76, law of the sea, foot of the slope, sediment thickness and. Unclos sets out the legal framework within which activities in the oceans and seas are carried out. Global warming is melting arctic ice, making development of the region s oil and gas feasible b. The regime of innocent passage, in accordance with part 11, section 3, shall apply in straits used for international navigation. Problems, perspectives and options jose victor villarino changonzaga abstract the sea will be the center of world develapment in the third millenium. Article 76 of unclos states that all coastal statesthe countries that sit at the. Openness and article 76 of the law of the sea convention. It has been observed that the fact that article 768 refers only to the coastal. The convention governs relations among countries on oceansrelated issues. Pandoras box and article 76 of unclos a decade of state practice in the outer limit of the continental shelf. Articles concerning the law of the sea with commentaries, 1956. Article 76, law of the sea, foot of the slope, sediment thickness and bathymetry.
The continental shelf of a coastal state comprises the seabed and its subsoil extending beyond the limits of its territorial sea throughout the natural prolongation of its land territory to the outer. Subject to this part, the outer limit lines of the exclusive and the lines of delimitation drawn in accordance with article 74 shall be shown on charts of a scale or scales adequate for ascertaining their position. Conference on the law of the sea unclos iii, but rather has its origins in. Jan 04, 2014 serdy, andrew, interpretation of unclos article 76 and the negative recommendation of the commission on the limits of the continental shelf on ascension island.
Unclos, several different legal areas were recognized beyond coastal or archipelagic. Part iv calculations for archipelagic waters do not allow a baseline to be drawn around all the islands of each of the three groups of islands that. Retention or loss of the nationality of a pirate ship or aircraft 58 article 105. Article 76 through to article 85 in part vi of the convention is dedicated to provisions related to the. Preceded by a series of landmarks, 18 this marked the beginning of the expansion of rights of national sovereignty over maritime space. The sovereignty of a coastal state extends, beyond its land territory and internal waters, to an adjacent belt of sea, described as the territorial sea emphasis added. Pdf pandoras box and article 76 of unclos a decade of. A76 unclos a a danish approach hydro international. This sovereignty is exercised subject to the conditions prescribed in these articles and by other rules of international law. On april 14, 2014, the international tribunal for the law of the sea itlos issued its ruling in the mv virginia g case panamaguineabissau, case no.
Regarding the delimitation of eez boundaries between states with opposite or adjacent coasts, article 743 of unclos provides. These web documents discuss technical issues related to the application of unclos article 76 that have arisen during the course of the continental shelf project, and some of the practical aspects of managing the project. Article 76 of unclos provides a clear definition of the outer limit of the continental shelf that accommodates the geomorphological ly different circumstances of coastal states around the world. Unclos, declares that in accepting the provisions of part iv of article 47 of the said convention, wishes to highlight its concerns relating to the formula used for drawing archipelagic baselines.
New zealand ratified the united nations convention on the law of the sea in 1996. The republic of seychelles ratified unclos on 16 november 1994 and the republic of mauritius followed suit on 4 december 1994. Accession to convention on the law of the sea unnecessary. The continental shelf, which comprises of the seabed and subsoil of the submarine features, is a prolongation of a coastal states land territory to the outer edge of the continental margin. Serdy, andrew, interpretation of unclos article 76 and the negative recommendation of the commission on the limits of the continental shelf on ascension island. The establishment of continental shelf under unclos article 76. Different interpretations of article 234 will be scrutinized from different perspectives.
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