Continental Shelf
Continental Shelf
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PART VI CONTINENTAL SHELF Article 76 Definition of the continental shelf 1. The continental shelf of a coastal State comprises the sea-bed 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 from the baselines from which the breadth of the territorial sea is measured where the outer edge of the continental margin does not extend up to that distance. 2. The continental shelf of a coastal State shall not extend beyond the limits provided for in paragraphs 4 to 6. 3. The continental margin comprises the submerged prolongation of the land mass of the coastal State, and consists of the sea-bed and subsoil of the shelf the slope and the rise. It does not include the deep ocean floor with its oceanic ridges or the subsoil thereof. 4. (a) For the purposes of this Convention, 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: (i) 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 (ii) 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. (b) 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. 5. The fixed points comprising the line of the outer limits of the continental shelf on the sea-bed, 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 metre isobath, which is a line connecting the depth of 2,500 metres. 6. Notwithstanding the provisions of paragraph 5, on submarine ridges, the outer limit of the continental shelf shall not exceed 350 nautical miles from the baselines from which the breadth of the territorial sea is measured. This paragraph does not apply to submarine elevations that are natural components of the continental margin, such as its plateaux, rises, caps, banks and spurs. 7. The coastal State shall delineate the outer limits of its continental shelf, where that shelf extends beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured, by straight lines not exceeding 60 nautical miles in length, connecting fixed points, defined by coordinates of latitude and longitude. 8. 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. 9. The coastal State shall deposit with the Secretary-General of the United Nations charts and relevant information, including geodetic data, permanently describing the outer limits of its continental shelf. The Secretary-General shall give due publicity thereto. 10. The provisions of this article are without prejudice to the question of delimitation of the continental shelf between States with opposite or adjacent coasts. Article 77 Rights of the coastal State over the continental shelf 1. The coastal State exercises over the continental shelf sovereign rights for the purpose of exploring it and exploiting its natural resources. 2. The rights referred to in paragraph 1 are exclusive in the sense that if the coastal State does not explore the continental shelf or exploit its natural resources, no one may undertake these activities without the express consent of the coastal State. 3. The rights of the coastal State over the continental shelf do not depend on occupation, effective or notional, or on any express proclamation. 4. The natural resources referred to in this Part consist of the mineral and other non-living resources of the sea-bed and subsoil together with living organisms belonging to sedentary species, that is to say, organisms which, at the harvestable stage, either are immobile on or under the sea-bed or are unable to move except in constant physical contact with the sea-bed or the subsoil. Article 78 Legal status of the superjacent waters and air space and the rights and freedoms of other States 1. The rights of the coastal State over the continental shelf do not affect the legal status of the superjacent waters or of the air space above those waters. 2. The exercise of the rights of the coastal State over the continental shelf must not infringe or result in any unjustifiable interference with navigation and other rights and freedoms of other States as provided for in this Convention. Article 79 Submarine cables and pipelines on the continental shelf 1. All States are entitled to lay submarine cables and pipelines on the continental shelf, in accordance with the provisions of this article. 2. Subject to its right to take reasonable measures for the exploration of the continental shelf, the exploitation of its natural resources and the prevention, reduction and control of pollution from pipelines, the coastal State may not impede the laying or maintenance of such cables or pipelines. 3. The delineation of the course for the laying of such pipelines on the continental shelf is subject to the consent of the coastal State. 4. Nothing in this Part affects the right of the coastal State to establish conditions for cables or pipelines entering its territory or territorial sea, or its jurisdiction over cables and pipelines constructed or used in connection with the exploration of its continental shelf or exploitation of its resources or the operations of artificial islands, installations and structures under its jurisdiction. 5. When laying submarine cables or pipelines, States shall have due regard to cables or pipelines already in position.
In particular, possibilities of repairing existing cables or pipelines shall not be prejudiced. Article 80 Artificial islands, installations and structures on the continental shelf Article 60 applies mutatis mutandis to artificial islands, installations and structures on the continental shelf. Article 81 Drilling on the continental shelf The coastal State shall have the exclusive right to authorize and regulate drilling on the continental shelf for all purposes. Article 82 Payments and contributions with respect to the exploitation of the continental shelf beyond 200 nautical miles 1. The coastal State shall make payments or contributions in kind in respect of the exploitation of the non-living resources of the continental shelf beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured. 2. 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. For the sixth year, the rate of payment or contribution shall be 1 per cent of the value or volume of production at the site. The rate shall increase by 1 per cent for each subsequent year until the twelfth year and shall remain at 7 per cent thereafter. Production does not include resources used in connection with exploitation. 3.
A developing State which is a net importer of a mineral resource produced from its continental shelf is exempt from making such payments or contributions in respect of that mineral resource. 4. The payments or contributions shall be made through the Authority, which shall distribute them to States Parties to this Convention, on the basis of equitable sharing criteria, taking into account the interests and needs of developing States, particularly the least developed and the land-locked among them. Article 83 Delimitation of the continental shelf between States with opposite or adjacent coasts 1. 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 solution. 2. If no agreement can be reached within a reasonable period of time, the States concerned shall resort to the procedures provided for in Part XV. 3. Pending agreement as provided for in paragraph 1, the States concerned, in a spirit of understanding and co-operation, shall make every effort to enter into provisional arrangements of a practical nature and, during this transitional period, not to jeopardize or hamper the reaching of the final agreement. Such arrangements shall be without prejudice to the final delimitation. 4. Where there is an agreement in force between the States concerned, questions relating to the delimitation of the continental shelf shall be determined in accordance with the provisions of that agreement. Article 84 Charts and lists of geographical co-ordinates 1. Subject to this Part, the outer limit lines of the continental shelf and the lines of delimitation drawn in accordance with article 83 shall be shown on charts of a scale or scales adequate for ascertaining their position. Where appropriate, lists of geographical co-ordinates of points, specifying the geodetic datum, may be substituted for such outer limit lines or lines of delimitation. 2. The coastal State shall give due publicity to such charts or lists of graphical co-ordinates and shall deposit a copy of each such chart or list with the Secretary-General of the United Nations and, in the case of those showing the outer limit lines of the continental shelf, with the Secretary-General of the Authority. Article 85 Tunnelling This Part does not prejudice the right of the coastal State to exploit the subsoil by means of tunnelling, irrespective of the depth of water above the subsoil.
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Author: international
Mentioned in these Entries
Archipelagic States, Bamako Convention on the Ban of the Import into Africa, Buenos Aires Draft Convention on the Protection of the Underwater Cultural Heritage, Buenos Aires Draft Convention on the Protection of the Underwater Cultural Heritage, Constitutional Text: Australia 1900, Amended 1927, Constitutional Text: Bangladesh 1972, Amended 2004, Constitutional Text: Brazil Constitution of 1988, Convention for the Protection of the Mediterranean Sea Against Pollution, Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, Convention on the Continental Shelf, Convention on the High Seas 3, Convention on the Protection of the Black Sea Against Pollution, Convention on the Protection of the Black Sea Against Pollution, Convention on the Regulation of Antarctic Mineral Resource Activities 2, Definitively less popular law terms at Schools, Exclusive Economic Zone, High Seas 3, Inter-American Convention Against Terrorism, International Court of Justice, International law Encyclopedy 7, International law index C, International law index N, International law index, Library of Congress Classification Class K, List of International Law Selected Cases, by Subject, MPEPIL: Law of the sea, MPEPIL: Public Law: C, MPEPIL: Public Law: N, MPEPIL: Specific cases and decisions, MPEPIL: Statehood, jurisdiction of states, organs of states, MPEPIL: Territory, MPEPIL: Universal international organizations and institutions, Marine Scientific Research 2, Marine Scientific Research 3, Marine Scientific Research, Marine and Coastal conventions, Protection & Preservation of the Marine Environment 2, Protection & Preservation of the Marine Environment 4, Public International Law Classification (Max Planck Institute), Regime of Islands Enclosed or Semi-Enclosed Seas, Regional Convention for the Conservation of the Red Sea and Gulf of Aden Environment, United Nations Convention on the Law of the Sea 19, United Nations Convention on the Law of the Sea 20, United Nations Convention on the Law of the Sea 24, United Nations Convention on the Law of the Sea 25, United Nations Convention on the Law of the Sea 26, United Nations Convention on the Law of the Sea 3, United Nations Convention on the Law of the Sea 33, United Nations Convention on the Law of the Sea 34, United Nations Convention on the Law of the Sea 36, United Nations Convention on the Law of the Sea 37, United Nations Convention on the Law of the Sea 4, United Nations Convention on the Law of the Sea 6.
Continental Shelf
Embracing mainstream international law, this section on continental shelf explores the context, history and effect of the area of the law covered here.
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International Public Law
Customary International Law
Conventional International Law
International Conventions
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Further Reading
The entry "continental shelf" in the Parry and Grant Encyclopaedic Dictionary of International Law (currently, the Encyclopaedic Dictionary of International Law, 2009), Oxford University Press
Hierarchical Display of Continental shelf
Environment > Natural environment > Physical environment > Aquatic environment > Marine environment > Sea-bed
Environment > Natural environment > Physical environment > Public international law > Law of the sea > Maritime area
Continental shelf
Concept of Continental shelf
See the dictionary definition of Continental shelf.
Characteristics of Continental shelf
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Translation of Continental shelf
Spanish: Plataforma continental
French: Plateau continental
German: Festlandsockel
Italian: Piattaforma continentale
Portuguese: Plataforma continental
Polish: Szelf kontynentalny
Thesaurus of Continental shelf
Environment > Natural environment > Physical environment > Aquatic environment > Marine environment > Sea-bed > Continental shelf
Environment > Natural environment > Physical environment > Public international law > Law of the sea > Maritime area > Continental shelf
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