Model Answer
0 min readIntroduction
The concept of a State’s continental shelf is intrinsically linked to its maritime rights and resource exploitation. Following World War II, as nations sought to assert their sovereignty over ocean resources, the legal framework for defining and delimiting the continental shelf evolved. The UN Convention on the Law of the Sea (UNCLOS), adopted in 1982, provides the primary legal basis for the determination of the continental shelf's outer limits and its associated rights. This answer will discuss the legal framework governing the delimitation of the continental shelf, particularly when it is shared between two or more States, referencing key UNCLOS provisions and relevant case studies.
Defining the Continental Shelf
The continental shelf is defined under UNCLOS as the seabed and subsoil of the natural prolongation of a State’s land territory to the outer edge of the continental margin. It extends to a maximum of 200 nautical miles from the baseline or, if the continental margin extends beyond 200 nautical miles, up to 350 nautical miles from the baseline, but not beyond the outer limit of the Exclusive Economic Zone (EEZ). The concept distinguishes between the “legal” continental shelf, which grants resource rights, and the “geological” continental shelf, which refers to the physical landmass. A State can claim a continental shelf even if it doesn't physically connect to the seabed, provided it meets the geological criteria.
Delimitation Process – UNCLOS Provisions
UNCLOS outlines a specific process for delimitation. Article 76 provides the framework for determining the outer limits of the continental shelf. Key aspects include:
- Baseline Measurement: The continental shelf extends from the baseline, which is usually the low-water mark along the coast.
- 200 Nautical Miles Limit: If the continental margin doesn't extend beyond 200 nautical miles, the continental shelf extends to that limit.
- 350 Nautical Miles Limit: If the continental margin extends beyond 200 nautical miles, the continental shelf can extend up to 350 nautical miles, but not beyond the EEZ limit.
- Geological Criteria: Where the continental margin extends beyond 200 nautical miles but not to 350 nautical miles, geological criteria are used to determine the outer limit. This includes factors like the slope of the seabed and the nature of the subsoil.
Delimitation of Continental Shelf Common to Two or More States
When the continental shelf extends beyond 200 nautical miles and overlaps between two or more States, delimitation becomes complex. UNCLOS Article 81 mandates that States shall make just and equitable arrangements for the delimitation of their respective continental shelves. This process typically involves:
- Negotiation: The primary method of delimitation is through negotiation between the concerned States.
- Principles of Delimitation: While UNCLOS doesn’t prescribe a specific method, several principles are considered:
- Equidistance: A line of equidistance from the nearest points of the baselines is often a starting point.
- Sector Rule: In situations where the coastlines are curved, a sector rule, based on the angle formed at the intersection of lines drawn from the coastline to the point of delimitation, might be applied.
- Relevant Geographic Factors: Consideration of geographic factors, such as the presence of islands and their relationship to the continental shelf.
- Historical Practice and Other Relevant Circumstances: Taking into account any relevant historical practices or other circumstances that might influence a just and equitable solution.
- International Tribunal for the Law of the Sea (ITLOS): If States fail to reach an agreement through negotiation, they can refer the dispute to ITLOS for a binding decision.
Case Studies & Examples
Several notable cases highlight the complexities of continental shelf delimitation:
Case Study: Bangladesh vs. Myanmar
This case, submitted to ITLOS in 2011 and decided in 2012, involved a dispute over the outer limits of the continental shelf between Bangladesh and Myanmar in the Bay of Bengal. ITLOS applied the "relevant geographic factors" principle, finding that the deep sea trench located between the two countries’ coastlines was a significant factor in determining a just and equitable delimitation line. The tribunal rejected a simple equidistance line and instead drew a more complex boundary.
Example: India and Maldives
India and the Maldives have agreed on a provisional agreement for the delimitation of their maritime boundary, including the continental shelf. This agreement, while not final, showcases the importance of bilateral negotiations in resolving boundary disputes. The initial agreement was followed by subsequent adjustments.
Challenges and Future Trends
The delimitation of the continental shelf faces several challenges:
- Complex Geological Structures: Unusual geological formations can make it difficult to determine the continental margin’s natural prolongation.
- Conflicting Claims: Overlapping claims and divergent interpretations of UNCLOS provisions often lead to disputes.
- Climate Change: Rising sea levels can alter coastlines and baselines, potentially affecting the delimitation process.
| Aspect | Description |
|---|---|
| UNCLOS Article 76 | Defines the legal continental shelf and its outer limits. |
| UNCLOS Article 81 | Deals with delimitation of continental shelves between states. |
| ITLOS | International Tribunal for the Law of the Sea; provides a forum for resolving disputes. |
Conclusion
The delimitation of the continental shelf, as governed by UNCLOS, remains a critical aspect of international maritime law. While the framework provides a process for determining boundaries, the complexities of geology, conflicting claims, and evolving geopolitical realities often lead to protracted negotiations and legal challenges. The Bangladesh-Myanmar case exemplifies the importance of "just and equitable" solutions, considering relevant geographic factors. Future challenges, particularly related to climate change and resource competition, will necessitate continued cooperation and adherence to UNCLOS principles to ensure peaceful and sustainable use of the oceans' resources.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.