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III. The Commission on the Limits of the Continental Shelf: Joint Submission by France, Ireland, Spain, and the United Kingdom
Published online by Cambridge University Press: 17 January 2008
Extract
On 19 May 2006, France, Ireland, Spain and the United Kingdom deposited a joint submission with the Commission on the Limits of the Continental Shelf (the Commission) concerning the continental shelf extending beyond 200 nautical miles out into the Bay of Biscay and the Celtic Sea. The Commission was established under Annex II of the United Nations Convention on the Law of the Sea (UNCLOS). This was the sixth submission received by the Commission, but the first such joint submission made by a group of coastal States.1 The Commission's task is to make recommendations on the outer limits of the continental shelf, not to delimit the boundaries of the continental shelf among the four coastal States. That will be done by the four States themselves through consultation and negotiation after the Commission has made its recommendations. The Commission began consideration of the joint submission at its 18th session which began on 21 August 2006 at the UN Headquarters in New York. The Sub-Commission that it appointed to examine the joint submission in detail has held a number of hearings with the four delegations—in August 2006, and January and March 2007. It is not expected to transmit its recommendations to the full Commission until the 20th session beginning in August 2007.
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References
1 Norway has since deposited the seventh submission with the Commission on 27 Nov 2006.
2 Art 4 of Annex II UNCLOS. UNCLOS entered into force for France on 11 May 1996, for Ireland on 21 July 1996, for Spain on 14 Feb 1997, and for the UK on 24 Aug 1997.
3 The decision of the 11th meeting of States Parties was not an amendment of UNCLOS. But it was a decision taken by consensus of the UNCLOS States Parties. Developing States in particular face difficulties in meeting the 10-year deadline. The decision in effect allows States 10 years from the adoption of the Commission's Scientific and Technical Guidelines in 1999.
4 Norway's submission will be taken up by the Commission at its 19th session.
5 The UK potentially has further claims to extended continental shelves in respect of certain of its Overseas Territories, and also in the north-west Atlantic (Hatton/Rockall), where its claim overlaps with those of Iceland, Ireland and Denmark.
6 <http://www.un.org/Depts/los/clcs>.
7 ie concerning depth.
8 UN Doc CLCS/40. See in particular Rule 50.
9 See the descriptions in the International Hydrographic Dictionary on the website of the International Hydrographic Organization at <http://www.iho.shom.fr>; and in section 6.2 of the Commission's Scientific and Technical Guidelines, UN Doc CLCS/11.
10 Art 77 UNCLOS. Art 82 provides for certain payments or contributions in kind to be made through the Authority for such exploitation.
11 See Part XI UNCLOS, in particular Arts 134, 136, and 137.
12 If the coastal State has declared an EEZ.
13 These important issues have begun to be discussed in an Ad Hoc Working Group of the General Assembly studying the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction—see paragraph 73 of General Assembly Resolution 59/24, the Secretary General's report on the issue (A/60/63/Add.1) and the report of the Ad Hoc Working Group (A/61/65).
14 With Annex II of the Final Act of UNCLOS which contains a ‘Statement of Understanding’ concerning delimitation of the continental shelf where there are special features such as those in the southern part of the Bay of Bengal.
15 Geology is the study of the earth's crust, the strata which comprise it, and the successive changes that cause their condition and position. Geomorphology is the study of the form of the earth, the general configuration of its surface, and the changes that take place in the evolution of land forms. See the definitions in the International Hydrographic Dictionary (n 9).
16 UN Doc CLCS/11, pages 9–13.
17 A line connecting points at a depth of 2,500 metres.
18 See in particular International Law Association, ‘Legal Issues of the Outer Continental Shelf’ Berlin Conference (2004) and Toronto Conference (2006) at <http://www.ILA-hq.org/>..>Google Scholar
19 UN Doc CLCS/11, pages 52–55.
20 They serve for a term of five years and are then eligible for re-election. The current members of the Commission are from Oman, Brazil, Argentina, Nigeria, Cameroon, Norway, Mexico, Ireland, Mauritius, Jamaica, Romania, Malaysia, Croatia, Russia, China, Republic of Korea, Portugal, Australia, Japan, India and Togo. The current Chairman is Mr Peter Croker of Ireland.
21 Art 2(1) of Annex II UNCLOS
22 Art 3 of Annex II UNCLOS.
23 Art 76(10) and Art 9 of Annex II UNCLOS. See also the Virginia Commentary, Vol II, p 883, n 51.Google Scholar
24 Art 76.8 UNCLOS.
25 Art 8 of Annex II UNCLOS.
26 Gardiner, PRR, ‘The Limits of the Sea beyond National Jurisdiction—Some Problems with Particular Reference to the Role of the Commission on the Limits of the Continental Shelf’ in Blake, G (ed), Maritime Boundaries and Ocean Resources (Croom Helm, London and Sydney, 1987) 63, 69.Google Scholar
27 Art 76(8) and Art 4 of Annex II.
28 See p 23 above.
29 CLCS Guidelines, para 1.3.
30 See, eg, the CLCS Guidelines at paragraphs 5.4.12 and 6.1.1 concerning the determination of the foot of the continental slope.
31 See the discussion in ‘Legal Issues of the Outer Continental Shelf’ International Law Association, Berlin Conference (2004) (n 14) 3–4.Google Scholar
32 See the letters dated 11 Mar 1998, 30 Apr 1999 and 25 Aug 2005 from the UN Legal Counsel to the Chairman of the Commission at UN Docs CLCS/5, CLCS/14 and CLCS/46.
33 It did so by way of a letter from its Chairman dated 12 March 1998 addressed to the President of the Eighth Meeting of States Parties on the question whether ‘a coastal State’ and ‘a State’ in Article 76 and Annex II can include non-UNCLOS States Parties. In the event, SPLOS did not answer the question.
34 See the Berlin Conference (n 18).
35 Annex 1, para 4.
36 See Prescott, V, ‘National Rights to Hydrocarbon Resources of the Continental Margin Beyond 200 Nautical Miles’ in Blake, GH, Pratt, MA, and Schofield, CH (eds), Boundaries and Energy: Problems and Prospects (Kluwer Law International, the Hague, 1998) 56–8Google Scholar; and see also the information in UN Doc SPLOS/64, n 77, pp 2–3.Google Scholar
37 No such comments have been submitted to date in respect of the joint submission.
38 The one exception perhaps is that part of Australia's submission relating to the continental shelf of Antarctica. Australia itself asked the Commission not to consider that part of its submission, which was explicitly supported by six other States.
39 CLCS/40.
40 See para 10 above. CLCS/11; CLCS/11/Add.1; CLCS/11/Add.1/Corr.1.
41 As required by Rule 20.
42 Rule 45 and Annex III.
43 Annex III to the CLCS Rules.
44 Article 5 of UNCLOS Annex II, Rule 51 and Annex III to the CLCS Rules. Up to three subcommissions may be established at any one time.
45 Article 5 of UNCLOS Annex II.
46 Annex III of the CLCS Rules, para 6.
47 eg Australia's.
48 See the discussion at paras 13 and 14 above.
49 Rules 53(1) and 51(5), and Annex III.
50 Art 6 of UNCLOS Annex II and Rules 35–7. Procedural decisions are taken by a simple majority of the members present and voting. Under Rule 35 ‘present and voting’ means present at the meeting and casting an affirmative or negative vote. Abstentions do not count as ‘present and voting’.
51 Art 8 of UNCLOS Annex II and Rule 53(4).
52 Art 76(8) and Rule 53(5).
53 Art 76(9) and Rule 54(1).
54 Art 76(9) and Rule 54.
55 See para 7 above.
56 See generally section 5 of the CLCS Guidelines.
57 CLCS Guidelines paras 5.4.12 and 6.1.1. See Legal Issues of the Outer Continental Shelf, International Law Association, Toronto Conference (2006), Conclusion No 4 for the view that Art 76(4) does not establish a precedence between the two approaches (n 12).Google Scholar
58 CLCS Guidelines, para 5.4.4 – 5.4.5.
59 ibid paras 5.2.1 and 5.4.7.
60 CLCS Guidelines, para 6.3.1
61 ibid para 6.1.3.
62 CARIS LOTS is an off-the-shelf software package designed to aid States and organizations in determining maritime zones.
63 See generally CLCS Guidelines s 6.
64 CLCS Guidelines, para 8.1.9.
65 ibid para 8.5.3.