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Joint Submission to the Commission on the Limits of the Continental

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Joint Submission to the Commission on the Limits of the Continental Joint Submission to the Commission on the Limits of the Continental Shelf concerning the Ontong Java Plateau by the Federated States of Micronesia, Papua New Guinea and the Solomon Islands Executive Summary The Joint Submission to the Commission on the Limits of the Continental Shelf was prepared jointly by the Federated States of Micronesia, the Independent State of Papua New Guinea, and the Solomon Islands. The following ministries, departments and agencies of the Government of the Federated States of Micronesia were involved in the preparation of the Submission: National Oceanic Resources Management Authority Department of Foreign Affairs The following ministries, departments and agencies of the Government of the Independent State of Papua New Guinea were involved in the preparation of the Submission: Papua New Guinea Maritime Boundaries Delimitation Project Committee Department of Justice & Attorney General Department of Foreign Affairs Department of Mineral Policy & Geohazards Management Department of Lands- Office of National Mapping Bureau National Fisheries Authority National Maritime Safety Authority University of Papua New Guinea- School of Natural & Physical Sciences The following ministries, departments and agencies of the Government of the Solomon Islands involved in the preparation of the Submission: Ministry of Mines, Energy and Rural Electrification Ministry of Foreign Affairs & External Trade Attorney-General Chambers Ministry of Lands, Housing and Surveying The following organisations provided legal, policy and technical advice during the preparation of the Submission: Economic and Legal Section, Commonwealth Secretariat, London GeoLimits Consulting, Canada Geoscience Australia Grid Arendal, UNEP Shelf Programme, Norway Geocap AS, Norway National Oceanography Centre, Southampton Pacific Islands Applied Geoscience Commission (SOPAC) 1982 United Nations Convention on the Law of the Sea TABLE OF CONTENTS 1. Introduction 3 2. Outer Limit of the Continental Shelf in the Ontong Java Plateau Region 6 3. Maps and Coordinates 7 4. Provisions of Article 76 Invoked 9 5. Outstanding Maritime Delimitations 9 6. Detailed Description of the Outer Limits of the Extended Continental Shelf in the Ontong Java Plateau Region 9 7. Commission Members Who Provided Advice on the Submission 12 8 Note of Authentication 12 9. Notes 13 ________________________________________________________________________ Joint Submission concerning the Ontong Java Plateau by the Federated States of Micronesia, Papua New Guinea and the Solomon Islands Executive Summary OJP-ES-DOC - 1 - 1982 United Nations Convention on the Law of the Sea ANNEXES Annex 1 - Table listing the points defining the outer limit of the extended continental shelf (Decimal Degrees) OJP-DOC-ES-ANNEX 1 Annex 2 - Table listing the points defining the outer limit of the extended continental shelf (Degrees, Minutes, Seconds) OJP-DOC-ES-ANNEX 2 MAPS (A0 Executive Summary Maps supplied separately) The outer limit of the continental shelf in the Ontong Java Plateau region showing the outer limit line and the area of extended continental shelf Figure 1 and OJP-MAP-ES-1 The outer limit of the continental shelf in the Ontong Java Plateau region showing the provisions of article 76 invoked Figure 2 and OJP-MAP-ES-2 ________________________________________________________________________ Joint Submission concerning the Ontong Java Plateau by the Federated States of Micronesia, Papua New Guinea and the Solomon Islands Executive Summary OJP-ES-DOC - 2 - 1982 United Nations Convention on the Law of the Sea 1. INTRODUCTION __________________________________________________________________ 1-1 The present submission to the Commission on the Limits of the Continental Shelf ('the Commission') is made by the Federated States of Micronesia, Papua New Guinea and the Solomon Islands (hereinafter referred to collectively as ‘the three coastal States’) pursuant to paragraph 8 of Article 76 of the 1982 United Nations Convention on the Law of the Sea ('the Convention') in support of the establishment by the three coastal States of the outer limits of the continental shelf that lie beyond 200 nautical miles (M) from the baselines from which the breadth of the territorial sea of the three coastal States is measured (hereinafter referred to as ‘the territorial sea baselines’) in the Ontong Java Plateau Region. 1-2 The three coastal States are small island nations located in the western Pacific Ocean and are each Contracting Parties to the Convention. In this regard, both Papua New Guinea and the Solomon Islands each respectively signed the Convention on the day it was opened for signature on 10 December 1982 and later ratified it. The Federated States of Micronesia became a party to the Convention through lodgement of an instrument of accession. 1-3 The Federated States of Micronesia is composed of four states (Yap, Chuuk, Pohnpei and Kosrae) constituted under the Constitution of the Federated States of Micronesia (‘the Constitution’), comprising some 607 islands scattered over an area of approximately 2, 978 000 km². The total land area of the Federated States of Micronesia is approximately 701 km². The Federated States of Micronesia acceded to the Convention on 29 April 1991. The Territory, Economic Zones, and Ports of Entry, Territorial Boundaries and Economic Zones [Title 18, Cap. 1] Chapter of the Code of the Federated States of Micronesia, establishes maritime zones of the Federated States of Micronesia consistent with the provisions of the Convention. Whilst the legislation does not explicitly refer to the continental shelf, it is implied from the legislation to include seabed and subsoil. 1-4 The Independent State of Papua New Guinea is an archipelagic state comprising approximately 151 islands scattered over an area of approximately 3,120 000 km². ________________________________________________________________________ Joint Submission concerning the Ontong Java Plateau by the Federated States of Micronesia, Papua New Guinea and the Solomon Islands Executive Summary OJP-ES-DOC - 3 - 1982 United Nations Convention on the Law of the Sea The territory of Papua New Guinea includes islands located in the following island groups: the Trobriand Islands, the Bismarck archipelago, the Louisiade archipelago, the d'Entrecasteaux Islands, and Bougainville. The total land area of Papua New Guinea is approximately 462,840 km2. Papua New Guinea ratified the Convention on 14 January 1997. The National Seas Act 1977 establishes a number of the maritime zones of Papua New Guinea. The 1978 Offshore Seas Proclamation declared under the National Seas Act provides the coordinates of areas declared as archipelagic waters and the 200 M zones, both of which are referred to as offshore seas. New maritime zones legislation is currently being prepared by the Government of Papua New Guinea, which will declare all of the maritime zones of Papua New Guinea including the continental shelf, in a manner that reflects the relevant provisions of the Convention. 1-5 The Solomon Islands is an archipelagic state located in the Western Pacific Ocean, south-east of the Papua New Guinea island of Bougainville and to the northwest of Australia. The Solomon Islands is composed of approximately 1,000 islands scattered over an area of approximately 1, 340 000 km², the largest of which is the island of Guadalcanal where the capital city of Honiara is located. The total land area of the Solomon Islands is approximately 27, 556 km². The Solomon Islands ratified the Convention on 23 June 1997. The Continental Shelf Act Cap, 94 together with the Delimitation of Maritime Waters Act, Cap 95 provide for the establishment of the maritime zones of the Solomon Islands in a manner consistent with the provisions of the Convention. 1-6 The three coastal States make this Submission with respect to the Ontong Java Plateau Region, which is dominated by an enormous submarine plateau that covers an area of approximately 2x106 km2, and stands 2000 to 4000 m above the adjacent deep ocean floor. The Ontong Java Plateau is surmounted by islands of the Federated States of Micronesia (Kapingamarangi) in the northwest, Papua New Guinea (Nuguria, Kilinailou, Tauu and Nukumanu islands) in the southwest and south, and the Solomon Islands (Lord Howe - Ontong Java Atoll, Obelisk, Anuta and Stewart islands) in the south and southeast. ________________________________________________________________________ Joint Submission concerning the Ontong Java Plateau by the Federated States of Micronesia, Papua New Guinea and the Solomon Islands Executive Summary OJP-ES-DOC - 4 - 1982 United Nations Convention on the Law of the Sea 1-7 Under Article 4 of Annex II to the Convention, as supplemented by the Decisions of the Eleventh (SPLOS/72) and Eighteenth (SPLOS/183) Meetings of the States Parties to the Convention respectively regarding the ten-year period established by article 4 of Annex II to the Convention and, a coastal State for which the Convention entered into force before 13 May 1999 is required to submit particulars of the outer limits of the continental shelf to the Commission, together with supporting scientific and technical data by 13 May 2009. This submission by the three coastal States satisfies that requirement. 1-8 Considering that the three coastal States are of the view that they are each entitled to an area of extended continental shelf in the region of the Ontong Java Plateau, they have agreed to make a joint submission to the Commission for the establishment
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