FI N AL D R AFT
TOPIC :
Continental Shelf Rights in International Law"
Submittd To : Submittd By :
Mr. Manvinder Kumar Tiwari Bharat Joshi
Assistant Professor (Law) 4th Smstr, 2nd Yar
Dr. RMLNLU, Lucknow. B.A. LL.B. (Hons.)
Dr. RMLNLU, Lucknow
Roll No. : 39
Section - A
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ACKNOWLEDGEMENTS
I would like to extend special thanks and gratitude to my teacher in Public International
Law, Mr. Mavinder Kumar Tiwari, who gave me the golden opportunity to work on
this wonderful research topic " Continental Shelf Rights in International Law " which has
helped me gain a lot of perspective about the subject. Throughout the research period
I have been time and again guided by my teacher whenever I faced any hurdles or
was in a state of stupor not being able to figure out the intricacies of the subject.
CONTENTS
1. Introduction 4
2. Continental Shelf - 5
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C. Definition
7. On Continental Shelf 12
C. Continental Shelf under the Convention on the Law of the Sea, 1982
8. Conclusion 16
9. Bibliography 17
INTRODUCTION
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In ancient times, navigation and fishing were the primary uses of the seas. As man
progressed, pulled by technology in some instances and pushing that technology at other
times in order to satisfy his needs, a rich bounty of other resources and uses were found
underneath the waves on and under the ocean floor minerals, natural gas, oil, sand and
A continental shelf is a term that refers to the ledges that protrude from the continental land
mass into the ocean. This is enveloped with a comparatively shallow zone of water
(approximately 150-200 meters deep). This eventually mixes into the depths of the ocean
which is around thousands of meters deep. These shelves occupy around eight percent of the
total area of ocean water and their size varies relatively from place to place. It is the extended
boundaries of every continent and the adjoining coastal plain. This was a component of the
continent during glacial periods, but remains below the sea during interglacial periods. The
continental shelves are loaded with oil and natural gas resources and quite frequently are a
There are various rights and liabilities upon coastal states and their extent .Further various
conventions Geneva convention, 1958 and convention on the law of the sea, 1982 have
made the acceptance of these continental shelf rights by the states within less than thirteen
years and is very important for the regulation of the exploration and exploitation of the
CONTINENTAL SHELF
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Shelf seas occupy about 7% of the area of the worlds oceans but their economic importance
is significantly greater.1 A continental shelf is the edge of a continent that lies under the
ocean.2 A continental shelf extends from the coastline of a continent to a drop-off point
called the shelf break. From the break, the shelf descends toward the deep ocean floor in what
is called the continental slope.3 The continental shelf is an important maritime zone, one that
holds many resources and vital habitats for marine life. The majority of the worlds
The term Continental Shelf first used in 1887 by Hugh Robert Mill. 5 The Continental Shelf is
the gently sloping undersea plain between a continent and the deep ocean. The continental
1
Available at : http://noc.ac.uk/science-technology/earth-ocean-system/coastal-seas/shelf-seas
2
ContinentalShelf,(NationalGeographic)(March17,
2017,6:57p.m.),http://education.nationalgeographic.com/education/encyclopedia/continental-shelf/?ar_a=1
3
Supra Note 1
4
Available at : http://www.state.gov/e/oes/continentalshelf/
5
Charles D. Hounshell And L Hugh Kemp,The Continental Shelf: A Study In National Interest And
International Law
6
Available at : http://www.boem.gov/Renewable-Energy-Program/Renewable-Energy-Guide/The-Continental-
Shelf.aspx
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Over many millions of years, organic (remains of plants and animals) and inorganic
(sediments) materials formed continental shelves.7 Continental shelves external link were
formed in between glacial periods as the ocean flowed over the continents forming shallow
areas along the coasts. About 18,000 years ago, during the height of the Pleistocene ice ages
external link, much of what is now a continental shelf was actually above water.8 During
interglacial periods, like today, the shelf is submerged under relatively shallow waters. The
waters of the continental shelf are rarely more than 500 feet deep, compared to the open
ocean which can be miles deep.9 Much of the continental shelf was exposed dry land during
glacial periods.
Definition:
Article 1 of the Convention on the Continental Shelf, 1958 defined the shelf based on its
referred to the seabed and subsoil of the submarine zones next to the coast but not within the
territorial sea that extends to a depth of 200 meters or beyond that limit to where the depth of
the superjacent waters admits of the exploitation of the natural resources of the said areas.10
7
Supra Note 2
8
Available at : http://marinebio.org/oceans/continental-shelves.asp
9
Available at : http://www.boem.gov/Renewable-Energy-Program/Renewable-Energy-Guide/The-Continental-
Shelf.aspx
10
Available at : http://www.spilmumbai.com/uploads/article/pdf/principle-of-delimitation-of-continental-shelf-
areas-between-states-23.pdf
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It is the submarine prolongation of a coastal states landmass to the outer edge of the
continental margin. The continental shelf falls under the coastal states jurisdiction. Areas
beyond the continental margin are, however, part of the international seabed area.11
INTERNATIONAL LAW?
The continental shelf, in its geological sense, is very un-equally distributed around the
continent. The importance of the continental shelf and the necessity for a special legal regime
applicable to it, did not, however, become apparent until the question of the nature and extent
of the coastal states rights to explore and exploit the natural resources of the continental shelf
was given a new urgency by the discovery in the subsoil of the sea-bed of a mineral source of
research, the submarine oil bearing strata became capable of exploitation and exploration by
means of devices operating from the sea-bed of the high seas.12 As the importance of
continental shelf was of national importance in arena of legal, geographical, social and
CONTINENTAL SHELF:
11
Available at : http://www.regjeringen.no/en/dep/ud/selected-topics/civilrights/spesiell-folkerett continental-
shelfquestions-and-answers.html?id=448309
12
Available at : http://www.jstor.org/stable/pdfplus/743233.pdf?acceptTC=true&acceptTC=true&jpdConfirm=
true
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International Law Commission stating that the reason for its not adopting a fixed limit for the
continental shelf (this limit being determined by the depth of the superjacent waters or, to be
more exact, by a depth of two hundred meters) coincides exactly with that at which the
continental shelf, in the geological sense, generally comes to an end is that such a limit
would have the disadvantage of instability. Technical developments in the near future, the
Commission continued, might make it possible to exploit the resources of the seabed at a
depth of over two hundred meters.13 Therefore, the extent is not limited to 200km nautical
miles.
The waters above the continental shelves are of great importance for navigation and fisheries.
Maritime shipping must of necessity use these waters. Because of the shallowness of the
water fish are abundant and accessible. Submarine cables for communications might be laid
on the sea-bed.14
International law, both through treaty and customary usage, confirms each coastal states right
to explore and exploit the natural resources of its continental shelf. The concept of the
continental shelf is a datum of nature presented as a medium for juridical technique; it tends
to justify State jurisdiction over the exploration and exploitation of the natural resources of
13
Professor Gilbert Gidel for the 1952 Madrid Conference of the International Bar Association; translated from
the French text by L. F. E. Goldie, Lecturer in Law at Canberra University College, The Continental Shelf.
14
Charles D. Hounshell and L Hugh Kemp,The Continental Shelf: A Study In National Interest And
International Law
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the bed and the subsoil of certain areas of the high seas.15 It is, however, incontestable that the
right to exploit certain natural resources of the sea-bed and subsoil, such as pearls, corals,
sponges, amber and chank, did come to be regarded as the monopoly of the coastal state if it
Proper characterization of continental shelf rights acquired under international law will also
assist in treaty negotiations and in resolution of disputes among nations. Petroleum reservoirs
straddling international boundaries provide perhaps the best illustration. Whether one coastal
state can legitimately complain if an adjacent state extracts all the oil or gas from a reservoir
which extends to its continental shelf depends upon the nature and extent of the rights of that
The area of continental shelf cannot be appropriated by the States, and therefore, States
cannot exercise sovereignty over this state. They may exercise sovereignty rights to explore
and exploit mineral, non-living resources of the sea-bed and subsoil and they are required to
make payments or contributions annually with respect to all production at a site after the
firstfive years of production at that site. The rate shall increase by 1 per cent of the value for
each subsequent year until twelfth year and shall remain at 7 percent thereafter. If coastal
states does not explore or exploit shelf resources no other state may undertake these activities
without its express consent.17 However, The rights of the coastal State over the continental
15
Ibid.
16
F. V. W. Penick , Halifax, Nova Scotia,The Legal Character of the Right to Explore and Exploit the Natural
shelf do not affect the regime of freedom of navigation on the high seas or that of the airspace
Other states have been given a few rights over the continental shelf. They are entitled to lay
submarine cables and pipelines on the continental shelf with the consent of continental shelf.
Indian position on continental shelf has been made clear under Section 6 of the Maritime
Zones Act of 1976. Part 1 of the section lays down that, the seabed and subsoil of the
submarine areas adjacent to the coast but outside the area of the territorial sea, to a depth of
200 meters, or, beyond that limit, to where the depth of the superjacent waters admits of the
exploitation of the natural resources of the said areas. The Act also lays down under section
6, Para 3 that -
resources;
artificial Islands, off-shore terminals, installations and other structures and devices
18
Ibid.
19
Ibid.
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necessary for the continental shelf or for convenience of shipping or for any other
purpose.
Exclusive jurisdiction to preserve and protect the marine environment and to prevent
The International Court of Justice decided the issues relating to continental shelf in a different
way. It was held that the rights of the coastal state in respect of the area of continental shelf
that constitutes a natural prolongation of its land territory into and under the sea exist ipso
facto and ab initio, by virtue of its sovereignty over the land, and as an extension of it, as an
exercise of sovereign rights of the purpose of exploring the sea-bed and exploiting its natural
The concept of continental shelf acquired its importance when it was propounded by US
President Truman on September 28, 1945.While nations over the centuries have alternatively
made expansive and narrow claims to the seas beyond their coasts, the origin of the modern
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doctrine is often said to be the Truman Proclamation of 1945, by which President Truman
proclaimed:
Having concern for the urgency of conserving and prudently utilizing its natural resources,
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
India claimed for the first time in 1955. It took less than thirteen years to accept the concept
Geologically continental shelf may be defined as the zone around the continent extending
from the low water line to the depth at which there is usually a marked increase of declivity
to greater depth.21 The Continental Shelf is the gently sloping undersea plain between a
continent and the deep ocean. The continental shelf is an extension of the continents
landmass under the ocean. The continental shelf extends outward to the continental slope and
continental rise.
In 1958, the first United Nations Conference on the Law of the Sea accepted a definition
adopted by the International Law Commission, which defined the continental shelf to include
20
Proclamation No. 2667, 10 Fed. Reg. 12,303 (1945).
21
Wolfgang Friedman,The Future of the Oceans,p9.
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the seabed and subsoil of the submarine areas adjacent to the coast but outside the area of
the territorial sea, to a depth of 200 meters, or, beyond that limit, to where the depth of the
superjacent waters admits of the exploitation of the natural resources of the said areas.
It helped in interpreting the area of continental shelf according to their own convenience. The
Continental Shelf under the Convention on the Law of the Sea, 1982-
It has defined continental shelf under Para I Article 76 , the seabed and subsoil of the
submarine areas adjacent to the coast but outside the area of the territorial sea to the outer
edge of continental margin , to a depth of 200 meters, where the depth of the superjacent
waters admits of the exploitation of the natural resources of the said areas where the outer
Para 4 of the convention states that , 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 :
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
A line delineated in accordance with paragraph 7 by reference to fixed points not more than
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In the absence of evidence to the contrary, the foot of the continental slope shall be
Para 5 of Article 76, states that the fixed points comprising the line of the outer limits of the
continental shelf on the seabed, drawn in accordance with paragraph 4 (a) (i) and (ii), either
shall not exceed 350 nautical miles from the baselines from which the breadth of the
territorial sea is measured or shall not exceed 100 nautical miles from the 2,500 meter
Para 8 of Article 76, states that 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. The
establishment of the outer limits of their continental shelf. The limits of the shelf established
by a coastal State on the basis of these recommendations shall be final and binding.
Article 82 states that the payments and contributions shall be made annually with respect to
all production at a site after the first five years of production at that site. Article 256
Article 6(1) of the Geneva Convention of 1958 had provided that where the same continental
shelf is adjacent to the territories of two or more States whose coasts are opposite each other,
the boundary of the continental shelf appertaining to such States shall be determined by
agreement between them. In the absence of agreement, and unless another boundary line is
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justified by special circumstances, the boundary is the median line, every point of which is
equidistant from the nearest points of the baselines from which the breadth of the territorial
In the case concerning the Continental Shelf Libya, Arab the International Court of Justice
has not recognized the principle of equi-distance. The delimitation of the continental shelf
between States with opposite or adjacent coasts shall be effected by agreement on the basis of
CONCLUSION
Continental shelf seas the marginal seas adjacent to the land are the region where
humanity predominantly interacts with the sea. Shelf seas occupy about 7% of the area of the
worlds oceans but their economic importance is significantly greater and the social
importance of shelf seas complements their economic value because the seas provide the
main source for livelihood and a focus for many coastal communities. Development of
natural resources of the continental shelf without being detrimental to competing policies
22
Central Law Publications , International Law and Human Rights, 139-141,18th Edition.
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should be made and its acceptance should be encouraged as a principle of international law.
One means of achieving this will be to keep constantly in mind the two guiding principles
formulated in 1950 by the International Law Commission of the United Nations: (1) to
encourage the exploitation of the natural resources which the continental shelf offers to
mankind, since it is estimated to constitute more than seven per cent of the worlds sea areas;
(2) to avoid the imprisonment of legal thought within a rigid and formalistic conception of
the doctrine of the freedom of the seas. Therefore, the characterization of the rights of a
coastal state to continental shelf natural resources as real property rights is a well-developed
doctrine.
BIBLIOGRAPHY
1. Wb Rsourcs***
Available at : http://noc.ac.uk/science-technology/earth-ocean-system/coastal-
seas/shelf-seas
Available at :
http://education.nationalgeographic.com/education/encyclopedia/continental-
shelf/?ar_a=1
Available at : http://noc.ac.uk/science-technology/earth-ocean-system/coastal-
seas/shelf-seaswww.indiankanoon.org
Available at : http://www.state.gov/e/oes/continentalshelf/
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Available at : http://www.boem.gov/Renewable-Energy-Program/Renewable-
Energy-Guide/The-Continental-Shelf.aspx
Available at :
http://education.nationalgeographic.com/education/encyclopedia/continental-
shelf/?ar_a=1
Available at : http://marinebio.org/oceans/continental-shelves.asp
2. Books Rfrrd***
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