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Establishing the Outer Limits of the Continental Shelf Under the LOSC: Oman As a Case Study”

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Establishing the Outer Limits of the Continental Shelf Under the LOSC: Oman As a Case Study” “Establishing the Outer Limits of the Continental Shelf under the LOSC: Oman as a Case Study” Mubarak Al Hinai Supervisors: Dr. Andrew Serdy Mrs. Valentina Germani The United Nations-Nippon Foundation Fellowship Programme 2014-2015 Summary Working Title: Establishing the Outer Limits of the Continental Shelf under the LOSC: Oman as a Case Study. Supervisors: Academic supervisor: Dr. Andrew Serdy Programme supervisor: Mrs. Valentina Germany I Disclaimer The views expressed herein are those of the author and do not necessarily reflect in any way or form the views of the Government of the Sultanate of Oman, the United Nations, the Nippon Foundation of Japan, or the Institute of Maritime Law at the University of Southampton in the UK. © 2014 Mubarak Al Hinai. All rights reserved. Dedication II To the Sultanate of Oman Acknowledgment There are many people without their help this paper would not have been accomplished. Firstly, I would like to thank enormously the Nippon Foundation of Japan for III providing me with this great opportunity to increase and deepen my knowledge about ocean affairs and the law of the sea, and to explore and write about an issue that is going to be beneficial to my country. The same amount of thanks also extends to the United Nation Division for Ocean Affairs and the Law of the Sea (DOALOS) and its staff starting with the Director General for hosting me during the first phase of the fellowship and without whom I would not have been able to write this acknowledgment. In particular, I am very grateful to Valentina Germani for her guidance and supervision, and to Simone Dempsey for her administrative support during the fellowship. Moreover, I have been grateful to have Dr. Andrew Serdy in the Institute of Maritime Law at the University of Southampton in the UK as my academic supervisor whose assistance and guidance played a significant role in completing this paper successfully. I equally thank Alan Evans from the National Oceanography Centre in Southampton for sharing with me the vast experience he has in relation to the scientific and technical aspects of the issues covered in the paper. Also, I would like to extend my appreciation to the Institute of Maritime Law and its staff at the University of Southampton for the nice hospitality and care I received during the second phase of the fellowship. A special appreciation goes to Clare Brady the secretary of the Institute for the continuous support I was provided from her. I would like also to express my special thanks to the Ministry of Legal Affairs in the Sultanate of Oman for nominating me to participate in this fellowship and facilitating my absence from work during the period of the fellowship. I am also indebted to my family for the invaluable support I was rendered with while away from home without which I would not have been able to complete my paper. Finally, I acknowledge with gratitude the support I received directly or indirectly from all people during the fellowship. List of Abbreviations CLCS Commission on the Limits of the Continental Shelf DOALOS Division of Ocean Affairs and the Law of the Sea IV DOALOS Manual DOALOS Training Manual for Delineation of the Outer Limits of the Continental Shelf beyond 200 Nautical Miles and for Preparation of Submissions to the CLCS EEZ Exclusive Economic Zone ICJ International Court of Justice ILC International Law Commission LOSC United Nations Convention on the Law of the Sea NM Nautical Mile R.O. Royal Decree ROP Rules of Procedure of the CLCS, CLCS/40/Rev.1, adopted at its Twenty First Session, New York, 17 April 2008 SPLOS Meeting of States Parties to the LOSC TALOS A Manual on Technical Aspects of the United Nations Convention on the Law of the Sea – 1982 (Published by the International Hydrographic Organization, Monaco. Edition 5.0.0-June 2014) The Guidelines The Scientific and Technical Guidelines of the CLCS, CLCS/11, adopted by the CLCS on 13 May 1999 at its fifth session UNCLOS I First United Nations Conference on the Law of the Sea (1958) UNCLOS II Second United Nations Conference on the Law of the Sea (1960) UNCLOS III Third United Nations Conference on the Law of the Sea (1973-1982) UN United Nations List of Appendices Page Appendix 1: Number of Ratifications and Signatures of the 1958 Convention on the Continental Shelf ....................................................................................................... 118 Appendix 2: Preliminary Analysis of the ‘Data and other Material’........................ 121 V Appendix 3: The Scientific and Technical Examination of the ‘Data and Other Material’..................................................................................................................... 122 Appendix 4: The Correlation between the Provisions in Article 76 and the Various Sciences that are Required to Implement Them ........................................................ 123 Appendix 5: Practical Suggestions Concerning the Final Preparation and Deposit of Submissions to the CLCS through the Secretary General of the UN ........................ 125 Appendix 6: Summary Flow Chart of the Procedures Concerning a Submission made to the CLCS ............................................................................................................... 129 List of Cases Page Anglo-French Continental Shelf Delimitation Case (United Kingdom v. France), Interpretative Decision of 14 March 1978, International Law Reports, Vol. 54, p. 139 ............................................................................................................................... 16 VI Aegean Sea Continental Shelf Case (Greece/Turkey), Judgment, I.C.J. Reports 1978, p. 3 ................................................................................................................................. 16 Anglo-Norwegian Fisheries case (UK v. Norway), ICJ Reports 1951, p. 116................................................................................................................................ 61 Case Concerning the Continental Shelf (Tunisia / Libyan Arab Jamahiriya), Judgment, I.C.J. Reports 1982, p. 18....................................................................................... 17, 48 Case Concerning Delimitation of the Maritime Boundary in the Gulf of Maine Area (Canada / United States of America) Judgment I.C.J. Reports 1984, p. 245.............. 17 Case Concerning the Continental Shelf (Libyan Arab Jamahiriya / Malta), Judgment, I.C.J. Reports 1985, p. 12 ........................................................................................... 17 Case of Arbitration between Petroleum Development (Trucial Coast) Limited and His Excellency Sheikh Shakhbut Bin Sultan Bin Za’id, Ruler of Abu Dhabi and its Dependencies (1951) 18 International Law Reports 144................................................................................................................................ 15 The North Sea Continental Shelf Cases (Federal Republic of Germany/Denmark, Federal Republic of Germany/Netherlands) I.C.J. Reports 1969, p. 3 ....................... 16 List of Figures Page Figure 1. The maritime zones established by the LOSC and their outer Limits............. 3 Figure 2. Illustration of the scientific continental shelf................................................ 20 Figure 3. The continental shelf up to the distance of 200 nautical miles from the baselines from which the territorial sea is measured...................................................... 23 VII Figure 4. The components of the continental margin that determine the extent of the continental shelf (shelf, slope and rise).......................................................................... 25 Figure 5. The location of the foot of the slope in the continental margin..................... 26 Figure 6. Delineation of the outer limits of the continental shelf beyond the distance of 200 nautical miles according to paragraphs 4 – 7 of Article 76 of the LOSC............... 27 Figure 7. Definition of the outer limits of the continental shelf beyond the distance of 200 nautical miles.......................................................................................................... 28 Figure 8. The geographic location of Oman................................................................. 56 Figure 9. The intended area of Oman’s submission as provided in its preliminary information.................................................................................................................... 59 Figure 10. The three types of the baselines as envisaged in the LOSC....................... 62 Figure 11. The four areas along the coast of Oman on which straight baselines are delineated ..................................................................................................................... 63 Figure 12. The Owen Basin and its connected features............................................... 67 Figure 13. The 350 nautical miles constraint as drawn in Oman’s preliminary information.................................................................................................................... 72 Figure 14. The 2,500 metre isobath plus 100 nautical miles constraint as drawn in Oman preliminary information..................................................................................... 73 Figure 15. The depth of water in the Owen Basin as provided in Oman’s preliminary information..................................................................................................................
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