The continental shelf is a key feature in maritime law that pertains to the submerged extension of a coastal state’s land territory beneath the ocean. This area, often rich in natural resources like oil, gas, and minerals, is governed by a complex set of rules that allow a state to exercise sovereign rights over its seabed and subsoil. International law, particularly the United Nations Convention on the Law of the Sea (UNCLOS), outlines the rights and responsibilities of states concerning their continental shelf, both within the Exclusive Economic Zone (EEZ) and beyond.
The continental shelf refers to the submerged extension of a coastal state's land territory that extends from the baseline (usually the low-water line) up to a certain distance offshore. It includes the seabed and subsoil of the submerged land, which can be rich in natural resources, such as minerals, oil, and gas.
Under UNCLOS, the continental shelf is divided into two distinct zones:
The continental shelf typically extends up to 200 nautical miles from a country’s baseline, which marks the limit of the EEZ. However, it can extend further if the coastal state can demonstrate that the natural prolongation of its land territory continues into deeper parts of the ocean.
The extended continental shelf is not automatically granted and must be scientifically proven. A coastal state may submit evidence to the Commission on the Limits of the Continental Shelf (CLCS) to claim an extended shelf beyond 200 nautical miles, provided the natural prolongation of its land territory can be demonstrated by scientific data.
Coastal states enjoy sovereign rights over the resources of the continental shelf, including fishing, mining, oil exploration, and gas extraction. These rights, however, are limited to the seabed and subsoil. The state does not have sovereignty over the water column above the continental shelf unless it is within the EEZ.
The United Nations Convention on the Law of the Sea (UNCLOS), which governs maritime boundaries and the rights of coastal states, plays a central role in the regulation of the continental shelf. Key provisions under UNCLOS include:
The CLCS, a body established under UNCLOS, reviews scientific data submitted by coastal states to determine the outer limits of the continental shelf beyond 200 nautical miles. If a state’s submission is deemed valid, the CLCS provides recommendations, which the state can use to establish the legal boundaries of its continental shelf.
Coastal states have the right to explore and exploit natural resources on the continental shelf, which includes valuable resources like oil, gas, minerals, and fisheries. For instance, India has ongoing offshore oil and gas exploration projects in its continental shelf.
Coastal states have the right to conduct marine scientific research within their continental shelf. However, they must ensure that such research does not harm the environment or violate the rights of other states.
Coastal states are responsible for ensuring that the activities on their continental shelf do not cause pollution or damage to the marine environment. This includes the regulation of activities like oil drilling and mining.
States can also exercise jurisdiction over installations or structures placed on the continental shelf, such as oil rigs and research platforms.
India has an extensive continental shelf that extends well beyond the 200 nautical miles from its coast. India has submitted a claim to the CLCS for an extended continental shelf in the Bay of Bengal and the Arabian Sea, which includes significant areas for oil and gas exploration.
In some areas, there are overlapping claims on the continental shelf. For example, the South China Sea has multiple countries claiming portions of the continental shelf based on the natural prolongation of their land territory, leading to ongoing maritime disputes in the region.
When two or more countries have overlapping claims over a continental shelf, they may resort to diplomatic negotiations or use dispute resolution mechanisms under UNCLOS to settle the matter.
Exploitation of the continental shelf can lead to environmental degradation, such as oil spills or habitat destruction. Coastal states are required under UNCLOS to take preventive measures to protect the marine environment in their continental shelf areas.
Answer By Law4u Team
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