Foreword
During the past decade, many coastal States have been delineating the limits of their maritime zones. This process is defining the exact extent of the sovereignty or jurisdiction of coastal States over the seas and the oceans. The process paves the way for the application of a legal order, which will facilitate international communication, and will promote the peaceful use of the seas and oceans, the equitable and efficient utilization of their resources, the conserva- tion of marine life, and the study, protection and preservation of the marine environment.
Coastal States exercise sovereign rights over the conti- nental shelf, for the purpose of exploring it and exploiting its natural resources. These rights do not depend on oc- cupation or on any expressed proclamation. However, in accordance with Article 76 of UNCLOS – if the limits of the continental shelf extend beyond 200 nautical miles (M), States must submit information to the Commission on the Limits of the Continental Shelf (the Commission or CLCS). The limits of the shelf established by a coastal State on the basis of the recommendations adopted by the CLCS after it has examined the submission shall be final and binding.
The delineation of the continental shelf beyond 200 M could expand the access of coastal States to valuable natural resources, such as oil, gas and minerals, as well as sedentary organisms, which is of particular significance for developing coastal States and small island developing States. In addition, the delineation of the outer limits of the continental shelf defines the limits of the “Area” which is the common heritage of mankind.
The high costs and extensive technical capacity required to comply with the provisions of Article 76 were recognised by the United Nations General Assembly, which called
upon the United Nations Environment Programme’s Global Resource Information Database (GRID) network to assist interested coastal States, in particular developing States and small island developing States, in their compliance with Article 76 of the Convention. This led to the establish- ment of the UNEP Shelf Programme, which has been pro- viding data and technical assistance to States preparing proposals to define their national jurisdiction.
The legal regime contained in UNCLOS with regard to the continental shelf, requires States to safeguard the environ- ment and share benefits from resource development with developing States. Today there are legitimate concerns about the state of the marine environment, and its unique and largely undocumented ecosystems. While resource development in these marine areas will likely present addi- tional challenges and environmental management issues, the sustainable development of these areas could result in long-term economic and environmental benefits.
Continental Shelf: The Last Maritime Zone provides an overview of the process of delineation of the outer limits of the continental shelf and begins to illustrate a new world map – one which will hopefully help reduce poverty and lead to the wise use of ocean resources.
Peter Prokosch Managing Director UNEP/GRID-Arendal
4 Continental Shelf
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