Diver inspects a giant clam in coastal waters

If Mauritius and the Seychelles can secure additional areas of continental shelf, they will have the potential to benefit from lucrative natural and living resources, like shellfish.

Small states seek to benefit from offshore resources

11 July 2008

Mauritius and Seychelles to receive assistance from the Commonwealth concerning the outer limits of the continental shelf

Mauritius and Seychelles are co-operating to make a joint submission to the United Nations in order to secure additional areas of continental shelf.

It is through such co-operation that these countries are seeking to establish a secure legal basis for the development of potentially lucrative natural and living resources of the seabed including oil, gas and mineral resources, as well as shellfish and other marine genetic resources.

In order to claim additional areas of continental shelf in accordance with international law, both governments are required to make a submission to the United Nations Commission on the Limits of the Continental Shelf (‘the Commission’). The Commonwealth Secretariat is providing advice and assistance to these two small island states regarding the preparation of such a submission.

Continental shelf

The continental shelf of a coastal state comprises the seabed and 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. (Source: UN)

“For many countries, making a submission to the UN Commission offers the prospect of significantly increasing their continental shelf jurisdiction, thereby opening up new areas for exploration and development,” said Joshua Brien, Legal Adviser at the Secretariat.

“Submissions concerning the outer limits of the continental shelf have important implications for individual coastal states who stand a lot to gain, and also for the broader international community.”

Mr Brien, who is managing the project, explained that the Secretariat’s assistance will take the form of specialised legal and technical advice concerning the preparation of a Joint Submission in accordance with the relevant provisions of the 1982 United Nations Convention on the Law of the Sea (UNCLOS).

UNCLOS is a multilateral convention that sets out a framework of rules and principles to govern the management of all ocean space. It has been ratified by more than 150 countries, including 52 Commonwealth member states.

Under UNCLOS, a coastal state seeking to claim extended areas of continental shelf beyond the traditional 200 nautical miles limit must make a submission to the Commission, which has been established under UNCLOS to examine and make recommendations to coastal states concerning the outer limits of the continental shelf.

“The preparation of a submission to the Commission is a major undertaking,” observed Mr Brien, adding that “it requires that consideration be given to a range of highly specialised legal, scientific and technical issues in order to comply with the requirements of UNCLOS.”

Mr Brien noted also that for many developing countries, and particularly small islands states, the making of a submission to the Commission involves significant challenges, due to the cost and expertise implicated in such an endeavour. A Decision of the States Parties to the Convention made in June 2008 recognises the challenges facing many developing countries, and in particular, small island states, that are seeking to prepare submissions, and establishes special measures to ensure that countries facing difficulties are not disadvantaged.

Where opposite or adjacent coastal states have potential to claim overlapping areas of extended continental shelf, special rules have also been developed by the Commission to provide guidance to countries that are seeking to make submissions. In such cases, one option available is for coastal states concerned to co-operate in the making of joint submissions to the Commission — an approach that has been adopted by Mauritius and Seychelles.