Baselines

1. UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
1
The United Nations Convention on
the Law of the Sea and the
Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke
CLCS Member

2. UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
2
UN PROCESS
International Law Commission 1949 - 1956
1st Conference on the LOS 1958
- Geneva Convention 1958
2nd Conference on the LOS 1960
Sea-Bed Commission 1968 - 1973
Declaration of Principles, GA 1970
3rd Conference on the LOS 1973 - 1982 -
UNCLOS 1982
- Entered into force 1994

3. UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
3
UNITED NATIONS
CONVENTION ON THE LAW
OF THE SEA
Maritime zones of jurisdiction

4. UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
4
RG 31.1.00 R 001070
CONTINENTAL SHELF
BEYOND 200 M
EXCLUSIVE ECONOMIC ZONE (EEZ))
LAND
THE AREA
Maritime
zones of
jurisdiction
LAND

5. UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
5
TRUMAN PROCLAMATION
28 SEPT. 1945
The Government of the United States ”...regards the
natural resources of the subsoil and seabed of the
continental shelf beneath the high seas but contiguous to
the coasts of the United States as appertaining to the
United States, subject to its jurisdiction and control.”
United States Government regarded this to be”...
reasonable and just, .............., since the continental shelf
may be regarded as the extension of the landmass of
the coastal nation and thus naturally appurtenant to
it .”

6. UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
6
INTERNATIONAL COURT OF JUSTICE
20 FEB. 1969
“More fundamental than the notion of proximity appears
to be the principle ...... of the natural prolongation or
continuation of the land territory..... “
.. What confers the ipso jure title which international law
attributes to the coastal State in respect of its continental
shelf, is the fact that the submarine areas concerned may
be deemed to be actually part of the territory over which
the coastal State already has dominion , - in the sense
that, ..... , they are a prolongation or continuation of
that territory,...”

7. UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
7
CONTINENTAL SHELF
BOUNDARIES
Geneva Convention 1958:
The continental shelf extends “..to where the
depth of the superjacent water admits of the
exploitation of the natural resources..”
UNCLOS 1982:
The limits of the continental shelf established
according to the Convention “..shall be final
and binding”

8. UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
8
SURFACE OF THE EARTH

9. UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
9
RL9909003/6
13.12.99
MHe
Krystallinsk kontinental skorpe
Oceanic crust
Mid - oceanic
ridge
Melted
mantle
Earth's mantle
Foot of slope
Deep ocean floor
Continental margin
Sketch of geological principles
Crystalline continental crust
6-15 Km
30 - 50 Km
Continental
rise

10. UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
10
UNITED NATIONS
CONVENTION ON THE LAW
OF THE SEA
PART VI
CONTINENTAL SHELF
ARTICLE 76
Definition of the continental shelf

11. UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
11
Article 76, paragraph 1
“The continental shelf of a coastal State
comprises the sea-bed and the 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.”

12. UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
12
Defines the continental shelf in terms of
the outer edge of the continental margin.
This is a legal definition and must not be
confused with the scientific definition.
Paragraph 1

13. UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
13
Paragraph 1
The continental shelf extends
either:
to the outer edge of the continental margin
or:
to 200 nautical miles where the continental
margin does not extend that far

14. UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
14
RL9909003/6
13.12.99
MHe
Krystallinsk kontinental skorpe
Oceanic crust
Mid - oceanic
ridge
Melted
mantle
Earth's mantle
Foot of slope
Deep ocean floor
Continental margin
The continental shelf -
juridical vs scientific concept
Crystalline continental crust
6-15 Km
30 - 50 Km
Continental
rise
Continental shelf (juridical)
Nautical miles (M)
0 100 200

15. UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
15
Paragraph 1
The continental shelf comprises the
sea-bed and subsoil (the superjacent
water is not included)

16. UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
16
Article 76, paragraph 3
“The continental margin comprises the
submerged prolongation of the land
mass of the coastal State, and consists of
the sea-bed and the subsoil of the shelf,
the slope and the rise. It does not include
the deep ocean floor with its oceanic
ridges or the subsoil thereof.”

17. UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
17
Paragraph 3
Defines the continental margin
by:
Specifying its physical components
and
Specifically excluding adjacent features

18. UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
18
Foot of slope
Deep ocean floor
Sea Surface
Coastal State
Article 76, paragraph 3
Continental margin
Land mass

19. UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
19
Paragraph 3
The definition of the continental margin is
neutral regarding the geological nature of
the underlying earth’s crust.
The continental margin is defined in
terms of the prolongation of the landmass
of the coastal State

20. UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
20
The Coastal State Origin
According to paragraphs 1 and 3 the
coastal State is the starting point for the
continental margin, and generates its
continental shelf:
The continental margin is the submerged
prolongation of its landmass (§ 3), while
The continental shelf is the sea-bed and
subsoil of the natural prolongation of its
land territory (§ 1).

21. UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
21
Article 76, paragraph 2
“The continental shelf of a coastal State
shall not extend beyond the limits
provided for in paragraphs 4 to 6.”

22. UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
22
Article 76, paragraph 4
Gives operational definitions of the outer
edge of the continental margin (§4 (a)) and
the foot of the continental slope (§4 (b)).

23. UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
23
Article 76, paragraph 4 a)
“For the purposes of this Convention, the
coastal State shall establish the outer edge
of the continental margin wherever the
margin extends beyond 200 nautical miles
from the baselines from which the breadth
of the territorial sea is measured, by either:

24. UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
24
Article 76, paragraph 4 a)
(i) a line delineated in accordance with
paragraph 7 by reference to the outermost
fixed points at each of which the thickness
of sedimentary rocks is at least 1 per cent
of the shortest distance from such point to
the foot of the continental slope; or

25. UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
25
Article 76, paragraph 4 a)
(ii) a line delineated in accordance with
paragraph 7 by reference to fixed points
not more than 60 nautical miles from the
foot of the continental slope.”

26. UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
26
100 200 300 400
0
Baseline
Nautical mile( M )
Oceanic crust
Crystalline continental crust
Foot of
slope
60M
1 % of distance
to foot of slope
Determination of the outer edge
of the continental margin

27. UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
27
Continetal margin delineation
Bathymetric map
1700
2000
2500
2550
2300
2100
2350
2000

28. UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
28
“In the absence of evidence to the
contrary, the foot of the continental slope
shall be determined as the point of
maximum change in gradient at its base.”
Article 76, paragraph 4 b)

29. UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
29
RL9909003/5
EROSJONS-
DAL
13.10.99
MHe
6-15 Km
Sketch of geological principles
OUTER
PLATEAU
Determination of correct foot of slope
Oceanic crust
Mid - oceanic
ridge
Melted
mantle
Earth's mantle
Foot of slope
Deep ocean floor
Continental margin
Crystalline continental crust
30 - 50 Km
Continental
rise

30. UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
30
Profile 3

31. UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
31
Paragraph 5
Sets the maximum extent of the
continental shelf to be either:
350 nautical miles from the baselines
or:
100 nautical miles from the 2,500 meters
depth contour

32. UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
32
100 200 300 400
0
Baseline
Nautical mile( M )
Oceanic crust
Crystalline continental crust
Foot of
slope
60M
1 % of distance
to foot of slope
Maximum limits of the
continental shelf
Maximum
1
Maximum
2
2500 m
isobath
100M
350

33. UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
33
Continetal margin delineation
Bathymetric map
1700
2000
2500
2550
2300
2100
2350
2000

34. UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
34
Continetal margin delineation
Bathymetric map
1700
2000
2500
2550
2300
2100
2350
2000

35. UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
35
Continetal margin delineation
Bathymetric map
1700
2000
2500
2550
2300
2100
2350
2000

36. UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
36
SURFACE OF THE EARTH

37. UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
37
Categories of submarine highs
Oceanic ridges of the deep ocean floor - § 3
Submarine ridges - § 6
Submarine elevations that are natural
components of the continental margin - § 6

38. UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
38
Paragraph 6
Maximum limits on submarine highs:
“Submarine ridges” - 350 M
“Submarine elevations” - § 5 applies

39. UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
39
STATEMENT OF UNDERSTANDING
CONCERNING A SPECIFIC METHOD
TO BE USED IN ESTABLISHING THE
OUTER EDGE OF THE CONTINENTAL
MARGIN
Final Act - Annex II

40. UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
40
Final Act - Annex II
A request from the Third Conference to the
CLCS to let itself be governed by a set of
special rules for the coastal States in the
southern part of the Bay of Bengal.
These rules aim to compensate for the
exceptional shape and sediment distribution
of the continental margin in this region.

41. UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
41
Paragraph 7
States that the outer limit of the continental
shelf beyond 200 nautical miles shall be
delineated by:
fixed points not more than 60 nautical miles
apart, and
straight lines connecting the fixed points.

42. UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
42
Delineation
principles
100
M
3
5
0
M
200
M
6
0
M
2
5
0
0
m
Land
S
EDIMENT THICKNESS
1%
OF
DISTANCE TO FOS
Baseline
FO O
T
O
F TH
E
C
O
N
T
I
N
E
N
T
A
L
S
L
O
P
E
(
F
OS)

43. UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
43
Article 76, paragraph 8
"Information on the limits of the continetal
shelf beyond 200 nautical miles (.......)
shall be submitted to the Commission on
the Limits of the Continental Shelf (.....)."

44. UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
44
"The Commission shall make
recommendations to coastal States on
matters related to the establishment of the
outer limits of their continental shelf."
Article 76, paragraph 8 (continued)

45. UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
45
"The limits of the shelf established by a
coastal State on the basis of these
recommendations shall be final and
binding."
Article 76, paragraph 8 (continued)

46. UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
46
"The coastal State shall deposit with the
Secretary-General of the United Nations charts
and relevant information, including geodetic
data, permanently describing the outer limits of
its continental shelf. The Secretary-General
shall give due publiscity thereto."
Article 76, paragraph 9

47. UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
47
Article 76, paragraph 10
“The provisions of this article are without
prejudice to the question of delimitation of
the continental shelf between States with
opposite or adjacent coasts.”

48. UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
48
Other provisions regarding the
continental shelf

49. UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
49
Article 77
Rights of the coastal state over the
continental shelf
Provides for the coastal State sovereign rights
over the continental shelf for the purpose of
exploring and expoliting its natural
resources. These rights are exclusive and do
not depend on occupation, effective or
notional, or on express proclamation.

50. UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
50
Article 82
Payments and contributions with respect to the
expolitation of the continental shelf beyond 200
nautical miles
- Coastal State to make payments or contributions in
kind to the International Seabed Authority
- 1% from sixth year increasing annually to 7% (max)
of value or volume of production at site
- Developing States who are net importers of a
mineral resource produced from it continental shelf
are excempted

51. UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
51
Article 83
Delimitation of the continental shelf between
States with opposite or adjacent coasts
- Delimitation be effected by agreement on the basis of
international law, ref. Article 38 of the Statue of the
International Court of Justice.
- In case of no agreement implement dispute settlement
procedures
- Provisional agreements shall be without prejudice to the
final delimitation
- Agreement already in force shall prevail

52. UNCLOS and the Delineation of the Outer Limits
of the Continental Shelf
Harald Brekke, Member of the CLCS
52
Article 84
Charts and lists of geographical co-ordinates
Charts and lists of geographical co-ordinates specifying
the outer limit lines and lines of delimitation of the
continental shelf shall be duely published and
deposited with the UN General Secretary.
In cases where the charts and lists specifies the outer
limit lines of the continental shelf a copy shall also be
deposited with the Secretary General of the
International Seabed Authority