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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
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
2
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
Continental Shelf Outer Limit Workshop, Kuala
Lumpur
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Mandate under the United Nations Convention on
the Law of the Sea Article 76, Paragraph 8
"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 Role of the UN Commission on the Limits of
the Continental Shelf
Continental Shelf Outer Limit Workshop, Kuala
Lumpur
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Mandate under the United Nations Convention on
the Law of the Sea Article 76, Paragraph 8 (cont.)
The Commission shall make recommendations
to coastal States on matters related to 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."
The Role of the UN Commission on the Limits of
the Continental Shelf
Continental Shelf Outer Limit Workshop, Kuala
Lumpur
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Mandate under the 1982 ConventionAnnex 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

The Role of the UN Commission on the Limits of
the Continental Shelf
Continental Shelf Outer Limit Workshop, Kuala
Lumpur
6
Mandate under the 1982 ConventionAnnex 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).

The Role of the UN Commission on the Limits of
the Continental Shelf
Continental Shelf Outer Limit Workshop, Kuala
Lumpur
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Types of data expected to be submitted

• Geological data
• Geophysical data
• Hydrographic data
• Geodetic data

The Role of the UN Commission on the Limits of
the Continental Shelf
Continental Shelf Outer Limit Workshop, Kuala
Lumpur
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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."

The Role of the UN Commission on the Limits of
the Continental Shelf
Continental Shelf Outer Limit Course, Southampton
Oceanography Centre
9
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)

The Role of the UN Commission on the Limits of
the Continental Shelf
Continental Shelf Outer Limit Workshop, Kuala
Lumpur
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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

The Role of the UN Commission on the Limits of
the Continental Shelf
Continental Shelf Outer Limit Workshop, Kuala
Lumpur
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Subsidiary bodies of the Commission (cont)

• Working Group on Modus Operandi 21 members
• Committee on Confidentiality 5 members,
  regional representation
• Working Group on Training 16 members

The Role of the UN Commission on the Limits of
the Continental Shelf
Continental Shelf Outer Limit Workshop, Kuala
Lumpur
12
Consideration of data and other material
submitted by a coastal State, and the
recommendations based thereon
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
13
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)

The Role of the UN Commission on the Limits of
the Continental Shelf
Continental Shelf Outer Limit Workshop, Kuala
Lumpur
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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.

The Role of the UN Commission on the Limits of
the Continental Shelf
Continental Shelf Outer Limit Workshop, Kuala
Lumpur
15
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.

The Role of the UN Commission on the Limits of
the Continental Shelf
Continental Shelf Outer Limit Workshop, Kuala
Lumpur
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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

The Role of the UN Commission on the Limits of
the Continental Shelf
Continental Shelf Outer Limit Workshop, Kuala
Lumpur
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Submission
Format requested by CLCS 1. Executive
Summary 2. Main Body 3. Supporting
data CLCS/11, Chpt. 9
The Role of the UN Commission on the Limits of
the Continental Shelf
Continental Shelf Outer Limit Workshop, Kuala
Lumpur
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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

The Role of the UN Commission on the Limits of
the Continental Shelf
Continental Shelf Outer Limit Workshop, Kuala
Lumpur
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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.

The Role of the UN Commission on the Limits of
the Continental Shelf
Continental Shelf Outer Limit Workshop, Kuala
Lumpur
20
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

The Role of the UN Commission on the Limits of
the Continental Shelf
Continental Shelf Outer Limit Workshop, Kuala
Lumpur
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Recommendations by the Commission

• The recommendations based on the Sub-Commissions
  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

The Role of the UN Commission on the Limits of
the Continental Shelf
Continental Shelf Outer Limit Workshop, Kuala
Lumpur
22
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.

The Role of the UN Commission on the Limits of
the Continental Shelf
Continental Shelf Outer Limit Workshop, Kuala
Lumpur
23
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).

The Role of the UN Commission on the Limits of
the Continental Shelf
Continental Shelf Outer Limit Workshop, Kuala
Lumpur
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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 3
• A 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.

The Role of the UN Commission on the Limits of
the Continental Shelf
Continental Shelf Outer Limit Workshop, Kuala
Lumpur
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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
• Without regard to the delimitation of of
  boundaries between those states or

The Role of the UN Commission on the Limits of
the Continental Shelf
Continental Shelf Outer Limit Workshop, Kuala
Lumpur
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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

The Role of the UN Commission on the Limits of
the Continental Shelf
Continental Shelf Outer Limit Workshop, Kuala
Lumpur
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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

The Role of the UN Commission on the Limits of
the Continental Shelf
Continental Shelf Outer Limit Workshop, Kuala
Lumpur
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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

The Role of the UN Commission on the Limits of
the Continental Shelf
Continental Shelf Outer Limit Workshop, Kuala
Lumpur
29
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.

The Role of the UN Commission on the Limits of
the Continental Shelf
Continental Shelf Outer Limit Workshop, Kuala
Lumpur
30
Scientific and technical advice as requested by
the coastal States
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
31
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)

The Role of the UN Commission on the Limits of
the Continental Shelf
Continental Shelf Outer Limit Workshop, Kuala
Lumpur
32
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.

The Role of the UN Commission on the Limits of
the Continental Shelf
Continental Shelf Outer Limit Workshop, Kuala
Lumpur
33
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.

The Role of the UN Commission on the Limits of
the Continental Shelf
Continental Shelf Outer Limit Workshop, Kuala
Lumpur
34
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).

The Role of the UN Commission on the Limits of
the Continental Shelf
Continental Shelf Outer Limit Workshop, Kuala
Lumpur
35
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

The Role of the UN Commission on the Limits of
the Continental Shelf
Continental Shelf Outer Limit Workshop, Kuala
Lumpur