Under the UNCLOS Convention, a country may make a submission to confirm its offshore jurisdictional limits and thereby secure exclusive access to potentially lucrative natural resources such as oil, gas and mineral deposits and to the living resources of sea bed that may be located within extended areas of continental shelf.
Developing countries to benefit from decision on the law of the sea
27 June 2008
Commonwealth Secretariat helped develop and draft this decision, both during and in the build up to the UNCLOS States Parties Meeting
Special measures which help developing countries, especially small island states, to secure extended areas of their continental shelf have been agreed.
In accordance with international law and the rights accorded under the 1982 United Nations Convention on the Law of the Sea (UNCLOS), these measures were decided at the annual meeting of the States Parties to the UNCLOS Convention held at UN Headquarters in New York from 13 to 20 June 2008.
"These measures are a welcome development," said Joshua Brien, Legal Adviser at the Commonwealth Secretariat, who led the Commonwealth Delegation in discussions before and during the meeting. "Developing countries and particularly small island states have been struggling to prepare submissions to the Commission on the Limits of the Continental Shelf due to a lack of financial and technical capacity and resources.
"This decision recognises the challenges and difficulties faced by these countries. It also establishes practical measures to ensure that these countries are not disadvantaged in the process, whilst maintaining the integrity of the Convention and the rules and principles established by it."
Mr Brien noted also that the Secretariat played a major part in the development of this decision, both during and in the lead-up to the meeting.
"Being a provider of legal and technical assistance to a range of Commonwealth member countries to support the development of continental shelf submissions, the Secretariat has first hand knowledge of the many difficulties that they face in this complex task," he explained.
"It was through this exposure that the Commonwealth Secretariat sought to propose an innovative approach to respond to these difficulties at the multilateral level."
Ocean space
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.
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)
Each year, the States Parties to UNCLOS meet in New York to discuss and decide upon issues relating to the implementation of the Convention. The Commonwealth Secretariat participates as an observer at these meetings.
The focus of discussions at this year's meeting was on issues concerning the continental shelf, and in particular the ability of developing states to make submissions for extended areas of continental shelf.
Under the Convention, a country seeking to claim extended areas of continental shelf beyond the traditional 200 nautical miles limit must make a submission to the UN Commission on the Limits of the Continental Shelf, which was established under UNCLOS.
It is through this submission that a country may confirm its offshore jurisdictional limits and thereby secure exclusive access to potentially lucrative natural resources such as oil, gas and mineral deposits and to the living resources of sea bed that may be located within extended areas of continental shelf.
Preparing a submission
The preparation of a submission to the Commission is however a major undertaking, which 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.
For a number of years, developing countries, and in particular small island states, have noted that they face particular challenges and difficulties in carrying out work to prepare submissions to the Commission and thereby secure extended areas of continental shelf.
In view of these challenges, a number of countries have indicated that they may be unable to make submissions by May 2009, and have expressed concerns regarding the legal and practical consequences of not submitting within the time period specified under UNCLOS.
This issue was taken up and deliberated at the States Parties meeting which resulted in the adoption by the States Parties of a Decision, which establishes a special procedure that may be engaged by a country that would not otherwise be able to make a submission within the time period applicable to it under UNCLOS.
Reassurance for developing countries
The Decision allows a country that is unable to lodge a submission in accordance with the time period specified in the Convention, to submit preliminary information to the UN, together with a description of the status of work and the intended date of the making of a submission at a later date.
It also calls upon States Parties and regional and other intergovernmental organisations to provide scientific and technical capacity-building advice and assistance to developing countries to assist them to prepare submissions to the Commission.
The decision will reassure developing countries and small island states that they will not be prejudiced in their efforts to secure extended areas of continental shelf, the delineation of which is important not only for the individual countries concerned, but also for the broader international community.
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