Submissions on the outer limit of the continental shelf: Practice to date and some issues of debate

Law, Technology and Science for Oceans in Globalisation: IUU Fishing, Oil Pollution, Bioprospecting, Outer Continental Shelf

Volumn , Issue , 2010, Pages 477-498

  Armas Pfirter, Frida M ^a,b  

^a UNIVERSIDAD AUSTRAL   (Argentina)

^b Naval War School of Argentina   (Argentina)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 80051752385     PISSN: None     EISSN: None     Source Type: Book    
DOI: 10.1163/ej.9789004180406.i-610     Document Type: Chapter

References (90)

1. All references to 'miles' herein are to nautical miles.
2. In this sense, it is of interest to note the interventions of the USA (regarding submissions by Brazil, Russia and all those related to the continental shelf appurtenant to Antarctica) and the interventions of Venezuela (regarding the Barbados submission).
3. Cuba, which had submitted preliminary information, presented its submission on 1 June 2009; thus, there are in total 51 submissions so far. For an overview of the submissions and preliminary information provided by the states to the Commission as of 8 June 2009, see Tables 23.1 and 23.2 in this book. All the information is posted and regularly updated at the DOALOS website, >www.un.org/Depts/los<.
4. Ireland in the Porcupine Abyssal Plain (25 May 2005).
5. Mexico in respect of the western polygon in the Gulf of Mexico (19 December 2007).
6. For example, France has made five submissions (one jointly with Ireland, Spain and the UK; areas of French Guiana and New Caledonia; the French Antilles and the Kerguelen Islands; a joint one with South Africa; La Reunion Island and Saint Paul and Amsterdam Islands); the United Kingdom has made four submissions; and many other countries, two submissions.
7. The Russian Federation (20 December 2001); Brazil (17 May 2004); Australia (15 November 2004); New Zealand (19 April 2006); Barbados (8 May 2008); Japan (12 November 2008); Uruguay (7 April 2009); Argentina (21 April 2009); Pakistan (5 May 2009); Kenya (6 May 2009); Nigeria (7 May 2009); Côte d'Ivoire (8 May 2009); Namibia (12 May 2009).
8. In relation to the submission of the Cook Islands, New Zealand declared that it had no objections to the Commission making recommendations with respect to the Cook Islands submission on the basis that this consideration would be without prejudice to the delimitation or any future submission made to the CLCS by New Zealand as regards the extended continental shelf of Tokelau. Note UN/7/12/1A, of 29 June 2009, at >www.un.org/Depts/los/clcs_new/submissions_ files/cok23_09/cok23_nzl29jun09.pdf<.
9. Joint submission, 19 May 2006.
10. Joint submission by France, Ireland, Spain and the United Kingdom of Great Britain and Northern Ireland in the area of the Celtic Sea and the Bay of Biscay (19 May 2006); Joint Submission by the Republic of Mauritius and the Republic of Seychelles in the Region of the Mascarene Plateau (1 December 2008), Joint Submission by the Federated States of Micronesia, Papua New Guinea and Solomon Islands concerning the Ontong Java Plateau (5 May 2009); Joint Submission by Malaysia and Vietnam in the southern part of the South China Sea (6 May 2009); Joint Submission by France and South Africa in the Area of the Crozet Archipelago and the Prince Edward Islands (6 May 2009).
11. On the Rules of Procedure, see further Jares, chapter 25 in this book.
12. See further discussion by McDorman, chapter 27 in this book.
13. Note F.328/9, of 8April 2008.
14. Note No. 6/10/8/5, of 23 June 2006.
15. Note No. 08/07/11, of 15 August 2007.
16. Note No. 138/07, of 17 August 2007
17. Note of Suriname: presented no objection but without prejudice to any future submission made by Suriname and the delimitation; see Note No. 9509 of 6 August 2008, at >www.un.org/ Depts/los/clcs_new/submissions_files/brb08/sur_aug_2008.pdf<.
18. Mexico stated that the submission of Cuba and any related recommendations made by the CLCS should be understood without prejudice to any future submission made by Mexico in relation to the Eastern Gap, or the delimitation of the continental shelf in this area between the two states. Notwithstanding the outcome of the recommendations made by the CLCS and the outer limit determined by the government of Cuba based on those recommendations, the delimitation of the continental shelf beyond 200 miles on the Eastern Gap 'shall be carried out by agreement between the states based on international law', Note ONU03534 of 21 August 2009, at >www.un.org/Depts/los/clcs_new/submissions_files/cub51_09/mex_re_cub_clcs51_e. pdf<.
19. India stated: 'the consideration by the CLCS should be without prejudice to the question of delimitation of the continental shelf between India and Indonesia, which is to be settled by mutual agreement'.
20. see Note No. NY/PM/443/1/2009 of 25 March 2009, at >www.un.org/ Depts/los/clcs_new/submissions_files/idn08/clcs12_2008_ind_e.pdf<.
21. Spain presented no objection without prejudice to the final delimitation; see Note No. 353 AV/ot, 28 May 2009, at >www.un.org/Depts/los/clcs_new/submissions_files/prt44_09/esp_re_ prt2009.pdf<
22. Another note stating no objections to the request was made by Portugal relating to the Madeira Islands region, provided this is without prejudice to Spain's rights in relation to the extension of its continental shelf in the area west of the Canary Islands. In respect to this extension, Spain has provided preliminary information in accordance with decision SPLOS/183. Accordingly, Spain notified the Commission of its willingness to jointly undertake the lateral delimitation of the continental shelf with Portugal as soon as the Commission has examined the definitive claim made by Spain; see Note No. 381 AV/ot, of 10 June 10 2009, at >www.un.org/ Depts/los/clcs_new/submissions_files/prt44_09/esp_re_prt2009_2e.pdf<.
23. Maldives informed that it is in the process of making its own submission and therefore reserves the right to comment on the submission made by Sri Lanka at a later stage; see Note (G3) UN-A/2009/2 of 4 August 2009, at >www.un.org/Depts/los/clcs_new/submissions_files/ lka43_09/clcs_43_2009_los_mal.pdf<.
24. Portugal has no objections to the Commission considering and making recommendations on Spain's submission relating to the Galicia Bank region to the extent that such recommendations are without prejudice to the future delimitation of the continental shelf between Portugal and Spain; see Note ONU/2009/134, of 29 May 2009, at >www.un.org/Depts/los/clcs_new/submis sions_files/esp47_09/prt_re_esp2009.pdf<.
25. New Zealand has no objections to the CLCS considering and making recommendations on the Tongan submission on the basis that it is without prejudice to any questions relating to the delimitation of a boundary between New Zealand and Tonga; see Note UN/7/12/1A, of 6 September 2009, at >www.un.org/Depts/los/clcs_new/submissions_files/ton46_09/ton46_nzl29jun 09.pdf<.
26. On the submission by Norway and the recommendations of the CLCS, see Jensen, chapter 28 in this book.
27. Doc. CLCS.01.2001.LOS/NOR.
28. Note No. 82/n, of 21 February 2007.
29. Interestingly, Trinidad and Tobago stated the following: 'Any objection by Barbados to the Trinidad and Tobago submission will cause a dispute to arise in respect of all of the area of overlapping entitlement between Trinidad and Tobago and Barbados. Any such dispute shall have crystallised from the date of receipt of this correspondence which directly controverts the position taken by Barbados in its Executive Summary'; see Note No. 173, of 11 August 2008, at >www.un.org/Depts/los/clcs_new/submissions_files/brb08/tto_aug2008.pdf<.
30. Note No. 00766, of 9 September 2008, at >www.un.org/Depts/los/clcs_new/submissions_ files/brb08/ven_sept_2008.pdf<.
31. Note by the USA dated 30 June 2009, at >www.un.org/Depts/los/clcs_new/submissions_files/ cub51_09/usa_re_cuba_2009.pdf<.
32. Minutes dated 20 September 2006, on the 'Delimitation of the Continental Shelf beyond 200 Nautical Miles between the Faroe Islands, Iceland and Norway in the Southern Part of the Banana Hole of the Northeast Atlantic'; Note No. FNY07010008/97.B.512, by Iceland, of 29 January 2007; and Note No. 119.N.8, by Denmark, of 24 January 2004.
33. Jensen, chapter 28 in this book.
34. The Memorandum was signed on 7 May 2009. It was mentioned in the Executive Summary of the Kenyan submission and in Note No. XRW/00506/08/0, of 19 August 2009. The latter mentions Rule 5(a) of Annex I, but states the consent of Somalia to the examination by the CLCS of the Kenyan submission to be without prejudice to the future submission of the Somali Republic.
35. >www.un.org/Depts/los/clcs_new/submissions_files/ken35_09/som_re_ken_clcs 35.pdf<.
36. Note UN-15(1)a, 28 July 2009; Note UN-15 (1)b, 28 July 2009; and Note No. 194/09, 22 June 2009, at >www.un.org/Depts/los/clcs_new/submissions_files/cvi42_09/clcs_42_2009_los_gha. pdf<.
37. >www.un.org/Depts/los/clcs_new/submissions_files/nga38_09/clcs_38_2009_los_gha. pdf<.
38. >www.un.org/Depts/los/clcs_new/submissions_files/gha26_09/nga_re_gha.2009pdf.pdf<.
39. Doc. CLCS.01.2002.LOS/JPN, of 14 March 2002.
40. See further discussion by Schofield, Arsana and van de Pool, chapter 29 in this book.
41. Note from China to the UN Secretary-General, CML/17/2009, of 7 May 2009, at >www.un. org/Depts/los/clcs_new/submissions_files/mysvnm33_09/chn_2009re_mys_vnm_e.pdf<.
42. Note from China, CML/18/2009, of 7 May 2009, at >www.un.org/Depts/los/clcs_new/sub missions_files/vnm37_09/chn_2009re_vnm.pdf<. In its response to the Chinese notes, Vietnam asserted its rights.
43. see Note No. 86/HC-2009, of 8 May 2009, at >www.un.org/Depts/los/clcs_ new/submissions_files/vnm37_09/vnm_re_chn_2009re_vnm.pdf<.
44. Note No. 000818 from the Philippines, of 4 August 2009, responded by Vietnam through Note No. 240HC-2009m, of 18 August 2009.
45. >www.un.org/Depts/los/clcs_new/sub missions_files/vnm37_09/clcs_37_2009_los_phl.pdf<
46. >www.un.org/Depts/los/clcs_new/ submissions_files/vnm37_09/vnm_re_phl_2009re_vnm.pdf<.
47. Note N.U. No. 290/09/600, of 20 August 2009, at >www.un.org/Depts/los/clcs_new/submis sions_files/gbr45_09/arg_re_gbr_clcs_2009e.pdf<.
48. Note 84/09, of 6 August 2009, at >www.un.org/Depts/los/clcs_new/submissions_files/arg25_ 09/clcs_45_2009_los_gbr.pdf<.
49. Note No. 00820, of 4 August 2009, at >www.un.org/Depts/los/clcs_new/submissions_files/ plw41_09/clcs_41_2009_los_phl.pdf<.
50. Note verbale from Bangladesh, No. PMBNY-UNCLOS/2009, at >www.un.org/Depts/los/clcs _new/submissions_files/mmr08/clcs16_2008_mmr_bgd_e.pdf<.
51. Note verbale from Vanuatu, of 12 August 2009, at >www.un.org/Depts/los/clcs_new/submis sions_files/fji24_09/clcs_24_2009_los_vut.pdf<.
52. Note No/NV/187/09 and Note No/NV/188/09, dated 16 May 2009, at >www.un.org/Depts/ los/clcs_new/submissions_files/esp47_09/mar_re_esp2009e.pdf<, and >www.un.org/Depts/los/ clcs_new/submissions_files/prt44_09/mar_re_prt2009e.pdf<.
53. Note XRW/00508/08/09, of 19 August 2009, at >www.un.org/Depts/los/clcs_new/submis sions_files/yem09/som_re_yem_clcs18.pdf<.
54. National Rights Reservation, contained in Note No. 5223/25220/2211/686, of 7 August 2009, at >www.un.org/Depts/los/clcs_new/submissions_files/pak29_09/omn_re_pak_2009.pdf<.
55. Note dated 11 July 2007.
56. Adopted by the Commission on 9 April 2008.
57. Note No. 074/POLII/0807/09, of 7 August 2009, at >www.un.org/Depts/los/clcs_new/submis sions_files/aus04/clcs_03_2004_los_idn-recomm.pdf<.
58. Note No. 184 JR/ot, of 3 March 2007.
59. Note of 28 March 2007.
60. Doc. CLCS.01.2002.LOS/USA.
61. Note Verbale No. L/UN/20 (xii) from Sri Lanka with respect to the submission of Myanmar, 16 December 2008, and Note Verbale SRL-NOT-002, of 22 July 2009, with respect to the submission of the Republic of Kenya.
62. >www.un.org/Depts/los/clcs_new/submissions_ files/ken35_09/lka_re_ken_clcs35.pdf<.
63. Australian Note No. 89/2004, November 2004.
64. EEUU Note dated 3 December 2004 (POL 10-04).
65. Note No. 739/n, of 9 December 2004.
66. Note No. NYV/2005/690, of 31 March 2005.
67. Note No. 88/2005, of 5 April 2005.
68. Doc. CLCS.03.2004.LOS/JPN, of 4 February 2005.
69. Doc. CLCS.03.2004.LOS/IND, of 13 July 2005.
70. Note SC/06/459, of 28 June 2006.
71. Note DJZ-IR 178/2006, of 19 December 2006.
72. Note No. 168/08, 9 May 2008, at >www.un.org/Depts/los/clcs_new/submissions_files/gbr08/ gbr_ nv_9may2008.pdf<.
73. Note HC/cl No. 69, February 2009.
74. Note NYV/2009/2184, of 28 August 2009, at >www.un.org/Depts/los/clcs_new/submissions_ files/gbr08/nld_re_nv_grb2009.pdf<.
75. Note dated 4 May 2009.
76. Note N.U. 139/2009/600.
77. Continental Shelf Preliminary Information submitted by Chile, pp. 15-20, at >www.un.org/ Depts/los/clcs_new/submissions_files/preliminary/chl2009preliminaryinformation.pdf<.
78. Note No. NYV/2009/2184, of 28 August 2009, at >www.un.org/Depts/los/clcs_new/submis sions_files/gbr08/nld_re_nv_grb2009.pdf<.
79. The differences were probably because the Argentine submission did not expressly request the CLCS not to take any action on the Antarctic area, even though it was implicit in the note. The notes sent to Australia and Norway acknowledged the request to the Commission not to take any action and support the request. In the case of Argentina, it is 'understood' (by the USA) or expected (by India, and Russia) that the Commission will not take any action on that portion of Argentina's submission relating to areas of the seabed and subsoil adjacent to Antarctica. The Russian Federation added that 'as a State party to the Convention ... and a Contracting Party to the Antarctic Treaty of 1959, it has an interest in ensuring that all parties comply fully, unconditionally and responsibly with these important international treaties and adhere to their fundamental goals and principles'.
80. On the legal effect of those decisions in relation to the LOS Convention, see Treves, chapter 2 in this book.
81. United States-Russian Federation (1990); Australia-France (1983); Australia-Solomon Islands (1988); Ireland-United Kingdom (1990); United States-Mexico (2000).
82. On this issue, see an explanation of the evolution of the documents of the Commission by Jares, chapter 25 in this book.
83. Doc. CLCS/46, Letter dated 25 August 2005 from the Legal Counsel, UN Under-Secretary- General for Legal Affairs, to the Chairman of the Commission on the Limits of the Continental Shelf.
84. UN doc. A/57/57/ADD.1.
85. >www.un.org/Depts/los/clcs_new/submissions_files/aus04/aus_summary_of_recommend ations.pdf<.
86. >www.un.org/Depts/los/clcs_new/submissions_files/irl05/irl_summary_of_recommenda tions.pdf<.
87. >www.un.org/Depts/los/clcs_new/submissions_files/frgbires06/fisu_clcs_recommendations_summary2009.pdf<.
88. >www.un.org/Depts/los/clcs_new/submissions_files/mex07/summary_recommendations _2009.pdf<.
89. >www.un.org/Depts/los/clcs_new/submissions_files/nor06/nor_rec_summ.pdf<.
90. >www.un.org/Depts/los/clcs_new/submissions_files/nzl06/nzl_summary_of_recommend ations.pdf<.