TheRrole of the UN Commission on the Limits of the Continental Shelf Continental Shelf Outer Limit...
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TheRrole of the UN Commission on the Limits of the Continental Shelf Continental Shelf Outer Limit Workshop, Kuala Lumpur The Role of the UN Commission on the Limits of the Continental Shelf Continental Shelf Outer Limit Workshop, Kuala Lumpur The Role of the UN Commission on the Limits of the Continental Shelf in the Determination of the Outer Limits of the Continental Shelf Harald Brekke Member of CLCS
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Transcript of TheRrole of the UN Commission on the Limits of the Continental Shelf Continental Shelf Outer Limit...
TheRrole of the UN Commission on the Limits of
the Continental ShelfContinental Shelf Outer Limit Workshop, Kuala Lumpur
The Role of the UN Commission on the Limits of
the Continental Shelf
Continental Shelf Outer Limit Workshop, Kuala Lumpur
The Role of the UN Commission on the Limits of the Continental Shelf in the Determination of the Outer Limits of the Continental Shelf
Harald Brekke
Member of CLCS
The Role of the UN Commission on the Limits of
the Continental Shelf
Continental Shelf Outer Limit Workshop, Kuala Lumpur
Overview
• Mandate of the Commission on the Limits of the Continental Shelf
• Structure of the CLCS
• Procedures and actions regarding submissions
• Technical advice
The Role of the UN Commission on the Limits of
the Continental Shelf
"Information on the limits of the continental shelf beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured shall be submitted by the coastal State to the Commission on the Limits of the Continental Shelf set up under Annex II on the basis of equitable geographical representation
Mandate under the United NationsConvention on the Law of the Sea
Article 76, Paragraph 8
Continental Shelf Outer Limit Workshop, Kuala Lumpur
The Role of the UN Commission on the Limits of
the Continental Shelf
The Commission shall make recommendations tocoastal States on matters related to the establishment of the outer limits of their continental shelf.
The limits of the shelf established by a coastal Stateon the basis of these recommendations shall be final and binding."
Mandate under the United NationsConvention on the Law of the Sea
Article 76, Paragraph 8 (cont.)
Continental Shelf Outer Limit Workshop, Kuala Lumpur
The Role of the UN Commission on the Limits of
the Continental Shelf
Mandate under the 1982 Convention
Annex II, Article 3, paragraph 1(a)
”The function of the Commission shall be:
(a) to consider the data and other material submitted by coastal States concerning the outer limits of the continental shelf in areas where those limits extend beyond 200 nautical miles, and to make recommendations in accordance with Article 76 and the Statement of Understanding adopted on 29 August 1980 by the Third United Nations Conference on the Law of the Sea;
Continental Shelf Outer Limit Workshop, Kuala Lumpur
The Role of the UN Commission on the Limits of
the Continental Shelf
Mandate under the 1982 Convention
Annex II, Article 3, paragraph 1(b)
”The function of the Commission shall be:
(a) ....
(b) to provide scientific and technical advice, if requested by the coastal States concerned
during the preparation of the data referred to in subparagraph (a).”
Continental Shelf Outer Limit Workshop, Kuala Lumpur
The Role of the UN Commission on the Limits of
the Continental Shelf
Types of data expected to be submitted
• Geological data
• Geophysical data
• Hydrographic data
• Geodetic data
Continental Shelf Outer Limit Workshop, Kuala Lumpur
The Role of the UN Commission on the Limits of
the Continental Shelf
Election of MembersAnnex II, Article 2, Paragraph 1
"The Commission shall consist of 21 members who shall be experts in the field of geology, geophysics or hydrography, elected by States Parties to this Convention from among their nationals, having due regard to the need to ensure equitable geographical representation, who shall serve in their personal capacities."
Continental Shelf Outer Limit Course, Southampton
Oceanography Centre
The Role of the UN Commission on the Limits of
the Continental Shelf
Principal documents of the Commission
• Rules of Procedure of the Commission on the Limits of the Continental Shelf (CLCS/3/Rev.2, 4 September 1998)
• Modus Operandi of the Commission (CLCS/L.3, 12 September 1997)
• Scientific and Technical Guidelines of the Commission on the Limits of the Continental Shelf (CLCS/11, 13 May 1999)
• (CLCS/11/Add. 1, 3 September 1999)
Continental Shelf Outer Limit Workshop, Kuala Lumpur
The Role of the UN Commission on the Limits of
the Continental Shelf
Subsidiary bodies of the Commission
• Advice to Coastal States Committee (Rule 53.2) 5 members, regional representation
• Editorial Committee on the Scientific and Technical Guidelines 21 members, 13 Working Groups
Continental Shelf Outer Limit Workshop, Kuala Lumpur
The Role of the UN Commission on the Limits of
the Continental Shelf
Subsidiary bodies of the Commission (cont)
• Working Group on Modus Operandi 21 members
• Committee on Confidentiality5 members, regional representation
• Working Group on Training 16 members
Continental Shelf Outer Limit Workshop, Kuala Lumpur
TheRrole of the UN Commission on the Limits of
the Continental ShelfContinental Shelf Outer Limit Workshop, Kuala Lumpur
The Role of the UN Commission on the Limits of
the Continental Shelf
Consideration of data and other
material submitted by a
coastal State, and the
recommendations based
thereon
Continental Shelf Outer Limit Workshop, Kuala Lumpur
The Role of the UN Commission on the Limits of
the Continental Shelf
Relevant documents
• UNCLOS 1982• Rules of Procedure of the Commission on the Limits of
the Continental Shelf (CLCS/3/Rev.2, 4 September 1998)
• Modus Operandi of the Commission (CLCS/L.3, 12 September 1997)
• Scientific and Technical Guidelines of the Commission on the Limits of the Continental Shelf (CLCS/11, 13 May 1999)
• (CLCS/11/Add. 1, 3 September 1999)
Continental Shelf Outer Limit Workshop, Kuala Lumpur
The Role of the UN Commission on the Limits of
the Continental Shelf
Coastal State responsibilities
• To submit particulars of the limits beyond 200 nautical miles along with supporting scientific and technical data.
• To make such a submission as soon as possible but in any case within 10 years of the entry into force of the Convention for that State.
Continental Shelf Outer Limit Workshop, Kuala Lumpur
The Role of the UN Commission on the Limits of
the Continental Shelf
Modifications of submission deadline• On request, the States Parties may review the situation
for States that ratified early with a view to ameliorating the difficulty in respect of the 10 year deadline (SPLOS/5, paragraph 20)
• In recognition of the crucial role of the Scientific and Technical Guidelines of the Commission adopted on 13 May 1999, the Eleventh Meeting of SPLOS agreed that States having ratified the Convention before that date, must make its submission within 10 years of that date, i.e. 13 May 2009, notwithstanding the individual date of entry into force of the Convention for such States.
Continental Shelf Outer Limit Workshop, Kuala Lumpur
The Role of the UN Commission on the Limits of
the Continental Shelf
Submission
The coastal State has to:• demonstrate to the Commission that the natural
prolongation of its submerged land territory to the outer edge of its continental margin extends beyond 200 M (Test of Appurtenance)
• present a submission in accordance with the Scientific and Technical Guidelines of the Commission, the provisions contained in article 76 of the UN Convention on the Law of the Sea, its Annex II, and Annex II to the Final Act
Continental Shelf Outer Limit Workshop, Kuala Lumpur
The Role of the UN Commission on the Limits of
the Continental Shelf
Submission
Format requested by CLCS:
1. Executive Summary
2. Main Body
3. Supporting data
CLCS/11, Chpt. 9
Continental Shelf Outer Limit Workshop, Kuala Lumpur
The Role of the UN Commission on the Limits of
the Continental Shelf
Outline of procedures• The proposed outer limits of the continental shelf pursuant to
the submission to be published by S-G (RoP, Rule 48)• Commission to hold an initial meeting not less than 3 months
after publication in order to:– receive presentation of submission by coastal State representative– select 7 members to serve in the sub-commission that will have
the duty to examine the submission in detail• Commission to consider the report of the sub-commission at
its completion • Commission to prepare and send its recommendations to the
coastal State and the Secretary -General
Continental Shelf Outer Limit Workshop, Kuala Lumpur
The Role of the UN Commission on the Limits of
the Continental Shelf
Selection of Sub-Commission Members
• Seven members of the Commission will be selected.
• The Commission will ensure that the composition is a balanced one.
• A Commission member having provided scientific and technical advice to the coastal State in respect of the submission is not eligible to be a member of the sub-commission.
Continental Shelf Outer Limit Workshop, Kuala Lumpur
The Role of the UN Commission on the Limits of
the Continental Shelf
The work of the Sub-Commission
• Make a detailed analysis of the full submission in order to:– Verify which rules specified in Article 76 are applied– Verify the relevance, quality and quantity of the data
submitted to be sufficient to justify the proposed limits in accordance with the published Scientific and technical Guidelines (CLCS/11)
• If considered necessary, make a request for additional specific data or information to the coastal State
• Formulate its recommendations in a report to the Commission
Continental Shelf Outer Limit Workshop, Kuala Lumpur
The Role of the UN Commission on the Limits of
the Continental Shelf
Recommendations by the Commission
• The recommendations based on the Sub-Commission’s report will be approved or amended, preferably by consensus, or by two thirds majority vote (rules 34 and 36, Rules of Procedure)
• Coastal State representatives may participate, without the right to vote, in the proceedings deemed relevant by the CLCS
• The recommendations will be primarily the definition of the outer limit of the continental shelf. In case the outer limit is different from that of the submission, the recommendations will include the position of the revised outer limit and the reasons for its revision
Continental Shelf Outer Limit Workshop, Kuala Lumpur
The Role of the UN Commission on the Limits of
the Continental Shelf
Recommendations by Coastal State
• In the case of disagreement with the recommendations of the Commission, the coastal State will, within a reasonable time, make a revised or new submission.
• In the case of acceptance of recommendations, the coastal State will establish the limits of the continental shelf according to these recommendations. These limits will be final and binding.
Continental Shelf Outer Limit Workshop, Kuala Lumpur
The Role of the UN Commission on the Limits of
the Continental Shelf
Delimitation of Bilateral Boundaries on the Continental Shelf
• The provisions of this article are without prejudice to the question of delimitation of the continental shelf between States with opposite or adjacent coasts (Article 76, paragraph 10).
• The actions of the Commission shall not prejudice matters relating to delimitation of boundaries between States with opposite or adjacent coasts (Annex II, paragraph 9).
Continental Shelf Outer Limit Workshop, Kuala Lumpur
The Role of the UN Commission on the Limits of
the Continental Shelf
Rules of Procedure, Annex I(Submissions in case of a dispute between States with
opposite or adjacent coasts or in other cases of unresolved land or maritime disputes)
Paragraph 3A submission may be made by a coastal State for a portion of its continental shelf in order not to prejudice questions relating to the delimitation of boundaries between States in any other portion or portions of the continental shelf for which a submission may be made later, notwithstanding the provisions regarding the ten-year period established by article 4 of Annex II to the Convention.
Continental Shelf Outer Limit Workshop, Kuala Lumpur
The Role of the UN Commission on the Limits of
the Continental Shelf
Rules of Procedure, Annex I(Continued)
Paragraph 4
Joint or separate submissions to the Commission requesting the Commission to make recommendations with respect to delineation may be made by two or more States by agreement:
a) Without regard to the delimitation of of boundaries between those states; or
Continental Shelf Outer Limit Workshop, Kuala Lumpur
The Role of the UN Commission on the Limits of
the Continental Shelf
Rules of Procedure, Annex I
Paragraph 4 (continued)
b) Having indicated by means of geodetic coordinates the extent to which a submission is without prejudice to the matters relating to delimitation of boundaries with another or other States Parties to this Agreement
Continental Shelf Outer Limit Workshop, Kuala Lumpur
The Role of the UN Commission on the Limits of
the Continental Shelf
Rules of Procedure, Annex I(Continued)
Paragraph 5
a) In cases where a land or maritime dispute exists, the Commission shall not examine and qualify a submission made by any of the States concerned in the dispute. However, the Commission may examine one or more submissions in the areas under dispute with prior consent given by all States that are parties to such a dispute
Continental Shelf Outer Limit Workshop, Kuala Lumpur
The Role of the UN Commission on the Limits of
the Continental Shelf
Rules of Procedure, Annex I
Paragraph 5 (Continued)
b) The submissions made before the Commission and the recommendations adopted by the Commission thereon shall not prejudice the position of States which are parties to a land or maritime dispute
Continental Shelf Outer Limit Workshop, Kuala Lumpur
The Role of the UN Commission on the Limits of
the Continental Shelf
Rules of Procedure, Annex I, Summary
• Allows for a partial submission by a coastal State• Allows for joint or separate submissions from
two or more States by agreement • Allows the Commission to examine a submission
where a dispute exists provided that prior consent is given by all parties to the dispute.
Continental Shelf Outer Limit Workshop, Kuala Lumpur
TheRrole of the UN Commission on the Limits of
the Continental ShelfContinental Shelf Outer Limit Workshop, Kuala Lumpur
The Role of the UN Commission on the Limits of
the Continental Shelf
Scientific and technical advice
as requested by the coastal
States
Continental Shelf Outer Limit Workshop, Kuala Lumpur
The Role of the UN Commission on the Limits of
the Continental Shelf
Relevant documents
• Annex II of UNCLOS 1982• Rules of Procedure of the Commission on the Limits of
the Continental Shelf (CLCS/3/Rev.2, 4 September 1998)
• Scientific and Technical Guidelines of the Commission on the Limits of the Continental Shelf (CLCS/11, 13 May 1999, CLCS/11/Add. 1, 3 September 1999)
Continental Shelf Outer Limit Workshop, Kuala Lumpur
The Role of the UN Commission on the Limits of
the Continental Shelf
Advice to a coastal State CommitteeRule 53 of RoP
• A coastal State may request scientific and technical advice from the Commission according to article 3, paragraph 1 (b), of Annex II to the Convention.
• The Commission shall elect a standing subsidiary body composed of five of its members who will prepare with respect to each request a list of proposed members who may provide advice taking into consideration the technical and scientific nature of each request. The list shall contain a copy of the scientific curriculum vitae of each proposed member. The preparation of this list may take into consideration an explicit request made by a coastal State for the advice of any member of the Commission.
Continental Shelf Outer Limit Workshop, Kuala Lumpur
The Role of the UN Commission on the Limits of
the Continental Shelf
Advice to a coastal State CommitteeRule 53 of RoP
• The maximum number of members of the Commission who may provide advice to a State in support of a submission shall not exceed three.
• The dates and terms of advice will be determined by agreement between the selected members of the Commission and the coastal State.
• The members selected to provide technical and scientific advice to the coastal State shall submit to the Commission a report outlining their activities.
Continental Shelf Outer Limit Workshop, Kuala Lumpur
The Role of the UN Commission on the Limits of
the Continental Shelf
Advice and conflict of interest• The members selected to provide technical and scientific
advice to the coastal State shall submit to the Commission a report outlining their activities (Rule 53, RoP).
• The coastal State making a submission shall at the same time give the names of any Commission member who have provided it with scientific and technical advice (Article 4, Annex II).
• Any Commission member who have assisted a coastal State by providing scientific and technical advice shall not be a member of the sub-commission dealing with the submission that State (Article 5, Annex II).
Continental Shelf Outer Limit Workshop, Kuala Lumpur
The Role of the UN Commission on the Limits of
the Continental Shelf
Summary• The CLCS is a body of technical and scientific experts
• The CLCS has the technical and scientific competence to give advice and make recommendations related to the limits of the continental shelf
• The recommendations of the CLCS plays a pivotal role in the establishment of final and binding maritime boundaries
Continental Shelf Outer Limit Workshop, Kuala Lumpur
