1

The United Nations Convention on

the Law of the Sea and the
Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke
CLCS Member

UNCLOS and the Delineation of the Outer Limits Harald Brekke, Member of the CLCS
of the Continental Shelf
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UN PROCESS

International Law Commission 1949 - 1956

1st Conference on the LOS 1958
- Geneva Convention 1958
2nd Conference on the LOS 1960
Sea-Bed Commission 1968 - 1973
Declaration of Principles, GA 1970
3rd Conference on the LOS 1973 - 1982 -
UNCLOS 1982
- Entered into force 1994
UNCLOS and the Delineation of the Outer Limits Harald Brekke, Member of the CLCS
of the Continental Shelf
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UNITED NATIONS
CONVENTION ON THE LAW
OF THE SEA

Maritime zones of jurisdiction

UNCLOS and the Delineation of the Outer Limits Harald Brekke, Member of the CLCS
of the Continental Shelf
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O F TH
Maritime
LIMIT E CO
NT
INE
NT
AL
zones of
THE AREA CONTINENTAL SHELF
jurisdiction

SH
BEYOND 200 M

E
LF
200 - MILE B
OUNDARY
PE
O
SL

AL
ENT
TIN
E CON
H
200 M

T OF T EXCLUSIVE ECONOMIC ZONE (EEZ))

FOO

CONTIGUO
US ZONE
24 M

TERRITORIAL SEA 12M

BASELIN
E
LAND

LAND

RG 31.1.00 R 001070

UNCLOS and the Delineation of the Outer Limits Harald Brekke, Member of the CLCS
of the Continental Shelf
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TRUMAN PROCLAMATION
28 SEPT. 1945
The Government of the United States ”...regards the
natural resources of the subsoil and seabed of the
continental shelf beneath the high seas but contiguous to
the coasts of the United States as appertaining to the
United States, subject to its jurisdiction and control.”

United States Government regarded this to be”...

reasonable and just, .............., since the continental shelf
may be regarded as the extension of the landmass of
the coastal nation and thus naturally appurtenant to
it .”
UNCLOS and the Delineation of the Outer Limits Harald Brekke, Member of the CLCS
of the Continental Shelf
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INTERNATIONAL COURT OF JUSTICE
20 FEB. 1969

“More fundamental than the notion of proximity appears

to be the principle ...... of the natural prolongation or
continuation of the land territory..... “
.. What confers the ipso jure title which international law
attributes to the coastal State in respect of its continental
shelf, is the fact that the submarine areas concerned may
be deemed to be actually part of the territory over which
the coastal State already has dominion , - in the sense
that, ..... , they are a prolongation or continuation of
that territory,...”
UNCLOS and the Delineation of the Outer Limits Harald Brekke, Member of the CLCS
of the Continental Shelf
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CONTINENTAL SHELF
BOUNDARIES
Geneva Convention 1958:
The continental shelf extends “..to where the
depth of the superjacent water admits of the
exploitation of the natural resources..”
UNCLOS 1982:
The limits of the continental shelf established
according to the Convention “..shall be final
and binding”
UNCLOS and the Delineation of the Outer Limits Harald Brekke, Member of the CLCS
of the Continental Shelf
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SURFACE OF THE EARTH

UNCLOS and the Delineation of the Outer Limits Harald Brekke, Member of the CLCS
of the Continental Shelf
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Sketch of geological principles

Continental margin

Continental Shelf

C
on s
Mid - oceanic

tin lop
Foot of slope
ridge

en e
Sediments

ta
l
Continental
rise Deep ocean floor

6-15 Km Oceanic crust

30 - 50 Km
Krystallinsk kontinental skorpe
Crystalline continental crust

Melted
mantle
Earth's mantle

UNCLOS and the Delineation of the Outer Limits Harald Brekke, Member of the CLCS
MHe 13.12.99 RL9909003/6
of the Continental Shelf
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UNITED NATIONS
CONVENTION ON THE LAW
OF THE SEA
PART VI
CONTINENTAL SHELF
ARTICLE 76

Definition of the continental shelf

UNCLOS and the Delineation of the Outer Limits Harald Brekke, Member of the CLCS
of the Continental Shelf
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Article 76, paragraph 1

“The continental shelf of a coastal State

comprises the sea-bed and the subsoil of the
submarine areas that extend beyond its territorial
sea throughout the natural prolongation of its
land territory to the outer edge of the continental
margin, or to a distance of 200 nautical miles
from the baselines from which the breadth of the
territorial sea is measured where the outer edge
of the continental margin does not extend up to
that distance.”
UNCLOS and the Delineation of the Outer Limits Harald Brekke, Member of the CLCS
of the Continental Shelf
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Paragraph 1

Defines the continental shelf in terms of

the outer edge of the continental margin.

This is a legal definition and must not be

confused with the scientific definition.
UNCLOS and the Delineation of the Outer Limits Harald Brekke, Member of the CLCS
of the Continental Shelf
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Paragraph 1

The continental shelf extends

either:
to the outer edge of the continental margin
or:
to 200 nautical miles where the continental
margin does not extend that far
UNCLOS and the Delineation of the Outer Limits Harald Brekke, Member of the CLCS
of the Continental Shelf
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The continental shelf -
juridical vs scientific concept

Continental shelf (juridical)

Continental margin

Continental Shelf (scientific)

C
on s
Mid - oceanic

tin lop
Foot of slope
ridge

en e
Sediments

ta
l
Continental
rise Deep ocean floor

6-15 Km Oceanic crust

30 - 50 Km
Krystallinsk kontinental skorpe
Crystalline continental crust

Earth's mantle Melted

mantle
0 100 200
Nautical miles (M)

UNCLOS and the Delineation of the Outer Limits Harald Brekke, Member of the CLCS
MHe 13.12.99 RL9909003/6
of the Continental Shelf
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Paragraph 1

The continental shelf comprises the

sea-bed and subsoil (the superjacent
water is not included)

UNCLOS and the Delineation of the Outer Limits Harald Brekke, Member of the CLCS
of the Continental Shelf
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Article 76, paragraph 3

“The continental margin comprises the

submerged prolongation of the land
mass of the coastal State, and consists of
the sea-bed and the subsoil of the shelf,
the slope and the rise. It does not include
the deep ocean floor with its oceanic
ridges or the subsoil thereof.”
UNCLOS and the Delineation of the Outer Limits Harald Brekke, Member of the CLCS
of the Continental Shelf
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Paragraph 3

Defines the continental margin

by:
Specifying its physical components
and
Specifically excluding adjacent features

UNCLOS and the Delineation of the Outer Limits Harald Brekke, Member of the CLCS
of the Continental Shelf
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Article 76, paragraph 3

Coastal State

Sea Surface
Shelf

Land mass Sl
op
e Foot of slope

Rise
Deep ocean floor

Continental margin

UNCLOS and the Delineation of the Outer Limits Harald Brekke, Member of the CLCS
of the Continental Shelf
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Paragraph 3

The definition of the continental margin is

neutral regarding the geological nature of
the underlying earth’s crust.

The continental margin is defined in

terms of the prolongation of the landmass
of the coastal State

UNCLOS and the Delineation of the Outer Limits Harald Brekke, Member of the CLCS
of the Continental Shelf
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The Coastal State Origin
According to paragraphs 1 and 3 the
coastal State is the starting point for the
continental margin, and generates its
continental shelf:
The continental margin is the submerged
prolongation of its landmass (§ 3), while
The continental shelf is the sea-bed and
subsoil of the natural prolongation of its
land territory (§ 1).
UNCLOS and the Delineation of the Outer Limits Harald Brekke, Member of the CLCS
of the Continental Shelf
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Article 76, paragraph 2

“The continental shelf of a coastal State

shall not extend beyond the limits
provided for in paragraphs 4 to 6.”

UNCLOS and the Delineation of the Outer Limits Harald Brekke, Member of the CLCS
of the Continental Shelf
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Article 76, paragraph 4

Gives operational definitions of the outer

edge of the continental margin (§4 (a)) and
the foot of the continental slope (§4 (b)).

UNCLOS and the Delineation of the Outer Limits Harald Brekke, Member of the CLCS
of the Continental Shelf
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Article 76, paragraph 4 a)

“For the purposes of this Convention, the

coastal State shall establish the outer edge
of the continental margin wherever the
margin extends beyond 200 nautical miles
from the baselines from which the breadth
of the territorial sea is measured, by either:
UNCLOS and the Delineation of the Outer Limits Harald Brekke, Member of the CLCS
of the Continental Shelf
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Article 76, paragraph 4 a)

(i) a line delineated in accordance with

paragraph 7 by reference to the outermost
fixed points at each of which the thickness
of sedimentary rocks is at least 1 per cent
of the shortest distance from such point to
the foot of the continental slope; or
UNCLOS and the Delineation of the Outer Limits Harald Brekke, Member of the CLCS
of the Continental Shelf
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Article 76, paragraph 4 a)

(ii) a line delineated in accordance with

paragraph 7 by reference to fixed points

not more than 60 nautical miles from the
foot of the continental slope.”

UNCLOS and the Delineation of the Outer Limits Harald Brekke, Member of the CLCS
of the Continental Shelf
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Determination of the outer edge

of the continental margin
Baseline

Foot of
slope
Sediments
60M
1 % of distance
to foot of slope

Crystalline continental crust Oceanic crust

Nautical mile( M )
0 100 200 300 400

UNCLOS and the Delineation of the Outer Limits Harald Brekke, Member of the CLCS
of the Continental Shelf
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2350
2000

2100

2300

2550

2500

2000

1700

Continetal margin delineation

UNCLOS and the Delineation of the Outer Limits Bathymetric
Harald Brekke, Member of map
the CLCS
of the Continental Shelf
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Article 76, paragraph 4 b)

“In the absence of evidence to the

contrary, the foot of the continental slope
shall be determined as the point of
maximum change in gradient at its base.”

UNCLOS and the Delineation of the Outer Limits Harald Brekke, Member of the CLCS
of the Continental Shelf
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Determination of correct foot of slope
Sketch of geological principles

Continental margin

Continental Shelf Co
OUTER n Foot of slope
PLATEAU slotine Mid - oceanic
pe nta
l ridge
Sediments
EROSJONS- Continental
DAL rise Deep ocean floor

6-15 Km Oceanic crust

30 - 50 Km
Crystalline continental crust

Melted
Earth's mantle
mantle

MHe 13.10.99 RL9909003/5

UNCLOS and the Delineation of the Outer Limits Harald Brekke, Member of the CLCS
of the Continental Shelf
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Profile 3

UNCLOS and the Delineation of the Outer Limits Harald Brekke, Member of the CLCS
of the Continental Shelf
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Paragraph 5

Sets the maximum extent of the

continental shelf to be either:
350 nautical miles from the baselines
or:
100 nautical miles from the 2,500 meters
depth contour

UNCLOS and the Delineation of the Outer Limits Harald Brekke, Member of the CLCS
of the Continental Shelf
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Maximum limits of the
continental shelf

Maximum 1

Maximum 2
Baseline
2500 m
isobath
100M
Foot of
Sediments slope
60M
1 % of distance
to foot of slope

Crystalline continental crust Oceanic crust

Nautical mile( M )
0 100 200 300 400
350

UNCLOS and the Delineation of the Outer Limits Harald Brekke, Member of the CLCS
of the Continental Shelf
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2350
2000

2100

2300

2550

2500

2000

1700

Continetal margin delineation

UNCLOS and the Delineation of the Outer Limits Bathymetric
Harald Brekke, Member of map
the CLCS
of the Continental Shelf
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2350
2000

2100

2300

2550

2500

2000

1700

Continetal margin delineation

UNCLOS and the Delineation of the Outer Limits Bathymetric
Harald Brekke, Member of map
the CLCS
of the Continental Shelf
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2350
2000

2100

2300

2550

2500

2000

1700

Continetal margin delineation

UNCLOS and the Delineation of the Outer Limits Bathymetric
Harald Brekke, Member of map
the CLCS
of the Continental Shelf
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SURFACE OF THE EARTH

UNCLOS and the Delineation of the Outer Limits Harald Brekke, Member of the CLCS
of the Continental Shelf
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Categories of submarine highs

Oceanic ridges of the deep ocean floor - § 3

Submarine ridges - § 6
Submarine elevations that are natural
components of the continental margin - § 6

UNCLOS and the Delineation of the Outer Limits Harald Brekke, Member of the CLCS
of the Continental Shelf
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Paragraph 6

Maximum limits on submarine highs:

“Submarine ridges” - 350 M
“Submarine elevations” - § 5 applies

UNCLOS and the Delineation of the Outer Limits Harald Brekke, Member of the CLCS
of the Continental Shelf
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STATEMENT OF UNDERSTANDING
CONCERNING A SPECIFIC METHOD
TO BE USED IN ESTABLISHING THE
OUTER EDGE OF THE CONTINENTAL
MARGIN

Final Act - Annex II

UNCLOS and the Delineation of the Outer Limits Harald Brekke, Member of the CLCS
of the Continental Shelf
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Final Act - Annex II

A request from the Third Conference to the

CLCS to let itself be governed by a set of
special rules for the coastal States in the
southern part of the Bay of Bengal.
These rules aim to compensate for the
exceptional shape and sediment distribution
of the continental margin in this region.

UNCLOS and the Delineation of the Outer Limits Harald Brekke, Member of the CLCS
of the Continental Shelf
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Paragraph 7

States that the outer limit of the continental

shelf beyond 200 nautical miles shall be
delineated by:
fixed points not more than 60 nautical miles
apart, and
straight lines connecting the fixed points.

UNCLOS and the Delineation of the Outer Limits Harald Brekke, Member of the CLCS
of the Continental Shelf
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I M E N T T HI C
ED KNE
SS

S
1%
OF
DI
ST
AN
CE
TO
FO

100 M
S

)
OS
F
E(

Delineation
OP
L SL
TA

principles
EN
IN
NT
CO

m
E

00

H
FT
25
M

O
60

FO O
350 M

200 M

Baseline

Land

UNCLOS and the Delineation of the Outer Limits Harald Brekke, Member of the CLCS
of the Continental Shelf
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Article 76, paragraph 8

"Information on the limits of the continetal

shelf beyond 200 nautical miles (.......)
shall be submitted to the Commission on
the Limits of the Continental Shelf (.....)."

UNCLOS and the Delineation of the Outer Limits Harald Brekke, Member of the CLCS
of the Continental Shelf
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Article 76, paragraph 8 (continued)

"The Commission shall make

recommendations to coastal States on
matters related to the establishment of the
outer limits of their continental shelf."

UNCLOS and the Delineation of the Outer Limits Harald Brekke, Member of the CLCS
of the Continental Shelf
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Article 76, paragraph 8 (continued)

"The limits of the shelf established by a

coastal State on the basis of these
recommendations shall be final and
binding."

UNCLOS and the Delineation of the Outer Limits Harald Brekke, Member of the CLCS
of the Continental Shelf
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Article 76, paragraph 9

"The coastal State shall deposit with the

Secretary-General of the United Nations charts
and relevant information, including geodetic
data, permanently describing the outer limits of
its continental shelf. The Secretary-General
shall give due publiscity thereto."
UNCLOS and the Delineation of the Outer Limits Harald Brekke, Member of the CLCS
of the Continental Shelf
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Article 76, paragraph 10

“The provisions of this article are without

prejudice to the question of delimitation of
the continental shelf between States with
opposite or adjacent coasts.”

UNCLOS and the Delineation of the Outer Limits Harald Brekke, Member of the CLCS
of the Continental Shelf
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Other provisions regarding the

continental shelf

UNCLOS and the Delineation of the Outer Limits Harald Brekke, Member of the CLCS
of the Continental Shelf
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Article 77
Rights of the coastal state over the
continental shelf

Provides for the coastal State sovereign rights

over the continental shelf for the purpose of
exploring and expoliting its natural
resources. These rights are exclusive and do
not depend on occupation, effective or
notional, or on express proclamation.

UNCLOS and the Delineation of the Outer Limits Harald Brekke, Member of the CLCS
of the Continental Shelf
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Article 82
Payments and contributions with respect to the
expolitation of the continental shelf beyond 200
nautical miles

- Coastal State to make payments or contributions in

kind to the International Seabed Authority
- 1% from sixth year increasing annually to 7% (max)
of value or volume of production at site
- Developing States who are net importers of a
mineral resource produced from it continental shelf
are excempted
UNCLOS and the Delineation of the Outer Limits Harald Brekke, Member of the CLCS
of the Continental Shelf
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Article 83
Delimitation of the continental shelf between
States with opposite or adjacent coasts
- Delimitation be effected by agreement on the basis of
international law, ref. Article 38 of the Statue of the
International Court of Justice.
- In case of no agreement implement dispute settlement
procedures
- Provisional agreements shall be without prejudice to the
final delimitation
- Agreement already in force shall prevail
UNCLOS and the Delineation of the Outer Limits Harald Brekke, Member of the CLCS
of the Continental Shelf
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Article 84
Charts and lists of geographical co-ordinates

Charts and lists of geographical co-ordinates specifying

the outer limit lines and lines of delimitation of the
continental shelf shall be duely published and
deposited with the UN General Secretary.
In cases where the charts and lists specifies the outer
limit lines of the continental shelf a copy shall also be
deposited with the Secretary General of the
International Seabed Authority

UNCLOS and the Delineation of the Outer Limits Harald Brekke, Member of the CLCS
of the Continental Shelf