Continental Shelf The Last Maritime Zone The Last Maritime Zone Published by UNEP/GRID-Arendal Copyright © 2009, UNEP/GRID-Arendal ISBN: 978-82-7701-059-5 Printed by Birkeland Trykkeri AS, Norway Disclaimer Any views expressed in this book are those of the authors and do not necessarily reflect the views or policies of UNEP/GRID-Arendal or contributory organizations. The designations employed and the presentation of material in this book do not imply the expression of any opinion on the part of the organizations concerning the legal status of any country, territory, city or area of its authority, or deline- ation of its frontiers and boundaries, nor do they imply the validity of submissions. All information in this publication is derived from official material that is posted on the website of the UN Division of Ocean Affairs and the Law of the Sea (DOALOS), which acts as the Secretariat to the Com- mission on the Limits of the Continental Shelf (CLCS): www.un.org/ Depts/los/clcs_new/clcs_home.htm. UNEP/GRID-Arendal is an official UNEP centre located in Southern Norway. GRID-Arendal’s mission is to provide environmental informa- tion, communications and capacity building services for information management and assessment. The centre’s core focus is to facili- tate the free access and exchange of information to support decision making to secure a sustainable future. www.grida.no. Continental Shelf The Last Maritime Zone Continental Shelf The Last Maritime Zone Authors and contributors Tina Schoolmeester and Elaine Baker (Editors) Joan Fabres Øystein Halvorsen Øivind Lønne Jean-Nicolas Poussart Riccardo Pravettoni (Cartography) Morten Sørensen Kristina Thygesen Cover illustration Alex Mathers Language editor Harry Forster (Interrelate Grenoble) Special thanks to Yannick Beaudoin Janet Fernandez Skaalvik Lars Kullerud Harald Sund (Geocap AS) Continental Shelf The Last Maritime Zone Foreword During the past decade, many coastal States have been engaged in peacefully establish- ing the limits of their maritime jurisdiction. This represents an historical milestone towards the definition of maritime sovereignty, and presents enormous economic opportunities for coastal States, but also brings new environmental challenges and responsibilities. States may secure their legal entitlement to the seabed generations. Importantly, the rules and regulations regard- by submitting information on the continental shelf beyond ing the continental shelf require the States to safeguard 200 nautical miles as defined in Article 76 of the United the environment and share benefits from resource devel- Nations Convention on the Law of the Sea (UNCLOS). opment with developing States. Furthermore, the ocean This is profoundly significant in that it will enable many de- beyond national jurisdiction remains the common heritage veloping coastal States and small island nations to access of all mankind. valuable natural resources, such as oil, gas and minerals, as well as sedentary organisms. Today there are legitimate concerns about the state of the marine environment, and its unique and largely un- The high costs and extensive technical capacity required documented ecosystems. While resource development in to comply with the provisions of Article 76 were recog- these marine areas will likely present additional challeng- nized by the UN General Assembly. Accordingly, in 2002 es and environmental management issues, the sustain- they called on the UN Environment Programme’s Global able development of these areas could result in long-term Resource Information Database (GRID) network to assist economic and environmental benefits. Therefore States interested states, particularly developing States and small should consider all options, including the establishment of island developing nations. This gave rise to the UNEP Shelf marine protected areas, which could support eco-tourism Programme, which along with other international initiatives, and healthy fisheries. has been providing data and technical assistance to States preparing proposals to define their national jurisdiction. Continental Shelf: The Last Maritime Zone examines the status of the submissions made to date and begins to il- All States have an obligation to ensure that their territorial lustrate a new world map – one which will hopefully help re- rights – including marine territories – are secured for future duce poverty and lead to the wise use of ocean resources. Peter Prokosch Managing Director UNEP/GRID-Arendal Continental Shelf The Last Maritime Zone Contents Foreword 6 Historic Dates for the UNCLOS 8 Peaceful Regulation of Ocean Space Where does sovereignty end? 0 All States cross the Finish Line Status of Submissions 12 Making it Final and Binding Busy Bees 14 Under Construction A New World Map 0 Room to Move Strategies for Securing the Seabed 22 Antarctica Frozen decision 24 Oceans of Possibilities … and Responsibilities 6 Abbreviations 6 Glossary 8 Fact Sheet 9 References 0 Summary of Submissions 32 Summary of Preliminary Information Continental Shelf The Last Maritime Zone 2001 2009 The ten-year period for lodging On 13 May, the ten-year these submissions is set to start on period for making 13 May 1999 for States that ratified submissions to CLCS the Convention before this date. ends for most States. 2008 Decision of States Parties to the UNCLOS which allows states to meet the 18th century May 2009 time limit by Cannon-shot rule: indicating the status and A coastal State intended submission date, enjoys sovereignty and by providing prelimi- 17th century as far seawards as nary information. Freedom-of-the- a cannon can fire a 1494 seas doctrine or cannon ball, which Pope Alexander VI Mare Liberum: at that time was divides the Atlantic The seas are free about 3 M – the 2000 2005 2010 Ocean between to all nations but sea beyond 3 M is Spain and Portugal. belong to none. Mare Liberum. Historic Dates for the UNCLOS 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 1925 1930 1935 1940 1945 1950 1955 1960 1965 1970 1975 1980 1985 1990 1995 2000 1930 1945 1956 1967 1982 1994 1999 The League of Nations Truman Proclamation: US UNCLOS I: First STATUS: 25 countries use the 3 M The Third United Nations Conference Agreement on Adoption of the called a conference in extends jurisdiction over Conference on the rule, 66 countries use the 12 M rule, on the Law of the Sea is concluded UNCLOS Scientific and The Hague to extend natural resources on its Law of the Sea. 8 countries the 200 M rule for claiming and is open for signature – the implementation Technical Guidelines national claims – no continental shelf – other sovereignty. Convention sets limits for various reached and law of the Commission on agreement reached. nations are quick to follow. maritime zones measured from a comes into force the Limits of the Arvid Pardo – known as the Father of defined baseline – the Convention on 16 November, Continental Shelf – 1946–50 1958–60 the Law of the Sea’s Third Conference also makes provisions for the passage a year after these guidelines were Argentina (1946), Chile (1947), Four conventions resulting calls for an effective international regime of ships, protection of the marine Guyana became prepared to assist Peru (1947) and Ecuador (1950) from UNCLOS I are over the seabed and ocean floor environment, scientific research, the 60th state to States in making a claim sovereign rights to 200 M to concluded: they are related beyond a clearly defined national conservation and management of ratify the treaty. submission to define cover Humboldt Current fishing to the Territorial Sea and jurisdiction to avoid escalating tensions. resources, and settlement of disputes. the boundary of their grounds. Other nations extend Contiguous Zone, the continental shelf their territorial seas to 12 M. Continental Shelf, the High 1966 1973–82 1990–94 beyond 200 M. Seas and Fishing and Convention on Fishing and UNCLOS III: Third Conference on the Law of the Negotiations on the Conservation of Living Conservation of Living Resources Sea starts with more than 160 participating nations implementation of Resources of the High Seas. of the High Seas, enters into force. and lasts until 1982 – in an attempt to reduce the UNCLOS. possibility of groups of nations dominating the 1960 1964 negotiations, a consensus process rather than a UNCLOS II: Second Conventions on the Territorial Sea and Contiguous majority vote is used. conference on the Law of the zone and Continental Shelf enter into force. Sea – no new agreements. The “continental shelf” is defined as “the seabed Developing nations partici- and subsoil of the submarine areas adjacent to pated but with no significant the coast but outside the area of the territorial voice of their own. sea, to a depth of 200 metres (m) or, beyond that limit, to where the depth of the superjacent 1962 waters admits of the exploitation of the natural Convention on the High Seas enters into force. resources of the said areas. 6 Continental Shelf The Last Maritime Zone 2001 2009 The ten-year period for lodging On 13 May, the ten-year these submissions is set to start on period for making 13 May 1999 for States that ratified submissions to CLCS the Convention before this date. ends for most States. 2008 Decision of States Parties to the UNCLOS which allows states to meet the 18th century May 2009 time limit by Cannon-shot rule: indicating the status and A coastal State intended submission date, enjoys sovereignty and by providing prelimi- 17th century as far seawards as nary information. Freedom-of-the-