This document discusses polar continental shelves and exploitation of mineral resources in the Arctic and Antarctic regions from scientific and legal perspectives. It analyzes the criteria for determining the outer limits of continental shelves that extend beyond 200 nautical miles under the UN Convention on the Law of the Sea. It also examines the complexities of applying these criteria in polar regions due to geological features like submarine ridges and the effects of glacial history and ice sheets. The document concludes by considering approaches to strengthen environmental protections for mineral exploitation in the Arctic and reinforce the special protected status of Antarctica under the Antarctic Treaty System.

1. Danilo Comba. Doctorate joint programme (Nice and Milano-Bicocca) - combadanilo@fastwebmail.it Arctic Frontiers conference 2011 - Arctic Tipping Points
Polar continental shelves. Claims and exploitation of mineral sea resources.
A comparative analysis
The extension on Limits of the Continental Shelf (CS). CLCS Procedure: Article 76 and Annex II
S C I E N T I F I C LEGAL PERSPECTIVE. The CS comprises the
PERSPECTIVE. The CS submerged prolongation of the land territory (UNCLOS,
Article 76)
is the extension of the
! that extend to the outer edge of the
continent's landmass
under the ocean, part of continental margin [seabed and subsoil of the
the continental margin shelf + the slope + the rise]
between the shoreline ! or to a distance of 200 NM where the
and the shelf break continental margin does not extend up to that
3 Aspects of prolongation: distance
morphologic, geologic, The continental margin does not include the deep ocean
tectonic floor with its oceanic ridges or the subsoil thereof (76.3)
- Test of Appurtenance (prolongation and entitlement beyond 200 MM) - Submissions (76.8) with scientific and technical evidence (SPLOS/183 Pre. Info, 2008)
- Determination of the Foot of the Continental Slope (FOS) (CLCS/11; 1999) - Demonstrate beyond the (200) distance criterion
- Delineation of the outer edge of the continental margin: Hedberg and - Give other useful information (subcommittee)
Gardiner Formulas - “10 years clause”: Decision SPLOS/72 (2001)
- Recommendations - National delimitation
- on the establishment of the other limits of the CS (constraints 76. 5/6) - Limits established on the basis of the recommendations (76.8)
-without prejudice of delimitation of CS between States with opposite or - Due publicity (84)
adjacent coasts - Delimitation between States: equitable solution (bilateral Agreement; 83)
CLCS - Experts in geology, geophysics or -What is to be determined is the geographical extent of the exercise of coastal rights
- Procedural and substantive content of 76.8
hydrography. - A scientific role for the
- Any claim of CS rights beyond 200 MM “must be in accordance with Article 76 of UNCLOS
establishment on limits beyond the 200 MM, with a and reviewed by the CLCS established thereunder” (ICJ, Nic. V. Hon, 2007)
legal value - FOS as relevant criteria - Harmonization between Part VI (CS) and Part XI (Area)
Arctic Region Undisputed Sovereignty Outer Limit of the CS in Polar Antarctic Treaty System Antarctic Region
Of 5 Coastal States ATS
Regions
- CLCS procedure 1. Peace 2. Status of
- Delimitation between A scientific/legal Extension as Antarctica (”freeze”) 3.
States (76.10 and 83) anywhere? Primacy of science 4.Special
! Bilateral/Regional Issue ? Is the exploitation of its resources a protection of the
Ilulissat Declaration (2008) issue as anywhere? environment(preservation of
!For arctic States, UNCLOS
Antarctica, protection of
regime and Arctic Council are ARCTIC POPs; Ozone Southern Waters)
the essential foundation to Indigenous Rights; Inhabited Scientific Issue
ensure sustainable Melting Ice and Space for Archive
Semi-closed ocean management of activities Climate Change research !Laboratory for the conduct
!Laboratory
{
!Sea Ice 5-15 mill. Km2 General Remarks
! International Issue? of scientific research: 3rd IPY
!60% of sea-floor is CS IPCC5: address role of the Polar Regions Original Functional
Oceanic ridges of the deep (1957), on the basis of the
Internationalization
! Issue of Arctic Ridges and of the Ocean in the global climate Antarctic Treaty (AT, 1959)
ocean floor, submarine system and in carbon cycling Clause of “agreement of
- Gakkel Ridge = Oceanic elevations natural components Engine
Strengthen polar environmental disagreement” on
ridge (76.3) { of the cont. margin, or !Southern hemisphere's
!Southern
protection and its effectiveness Antarctica status (AT, IV)
- Lomonosov Ridge? submarine ridges? climatic and oceanic
- Alpha-Mendeleev Ridge? Complexity to obtain the seismic data systems; Critical part of the Submissions. Challenge to
Russia/Canada/Denmark V. US
- CLCS. Mohns/Knipovich Earth's biosphere the constructive ambiguity
Ridge system = part of the Legal means ! 7 claimant States: clause
Antarctica is
Definition by reference to
deep ocean floor !a land mass covered for freezes sovereignty = 3+3
natural prolongation = areas submissions + 1 Prelim.Info
Scientific “Help” 99% by Ice
either continental and/or
!Submarine ridge (76.6) !the !Non-claimants:Pacta
!the mean thickness of the !Non-claimants:Pacta sunt
oceanic in origin (ILA)
does not correspond to a Antarctic ice sheet is 2.16 servanda + baselines /
extend.
Right to extend. Lying
precise scientific term km: 30 million billion tones coastal fronts + IV.2
and sharing some of the !Parties confirm the
!Natural Prolongation + - East. “Terrestrial” ice
morphological
Location sheet - West. “Marine” ice importance of consistency
characteristics, between AT & UNCLOS and
!Oceanic V. Submarine sheet (Byrd Subglacial
ridge should not interrupt the continued cooperation
Ridges Basin - 2538 m)
the State’s right to extend in Antarctica
!Submarine prolongation V.
Not application of depth Ice Mass Balance, Glacial
Natural Elevation Isostasy and Implications Exploitation: Protocol and
constraint.
criterion constraint. ATS consensus
!Assessment of the
for Sea-level Change
morphologic, geologic and Preventing that the outer limit of the CS exceed a !Natural reserve (Antarctic
!Geological evolution + glacial isostasy and
(creeping jurisdiction).
line drawn 350 NM (creeping jurisdiction).
tectonic relationship with erosion…= great depth, irregular topography, and ecosystems)
erosion…=
IBCAO: the Lomonosov Ridge, before considered
the land mass landward-sloping profile of the Antarctica CS !Moratorium. Practice on
!Shares one/more OR a continuum has a far more complex morphology mineral activities, other
!surrounded by an ocean
!surrounded
ALL the characteristics ? At least two “new Art. 136. The Area and !3-18 million km2 of ocean covered by sea ice than scientific, is not
Component of the margin Holes” belong to its resources are the !Ice shelves concern more than 50% of coasts consistent with the
(elevation) or
(elevation) common heritage of = difficult to define the limit of the coasts, common interest to
Prolongation (ridge)
(ridge)
the international mankind. UNGA, Agreem preserve the area
low water line
!“Reykjanes dilemma”
community on Implementation (94) Sub-antarctic Submissions
Concordance between Undisputed rights, exercise involves in ecosystem
!To harmonize activities among UNCLOS bodies conventional systems approach (CCAMLR)
!ISA competence is limited. Not right to take part in the
!ISA !ATS V. UNCLOS: Antarctic !Recommandations regarding Australian
determination of the common boundary. ISA does not possess jurisdiction V. Area + submission
the locus standi with respect to any dispute concerning ECS moratorium V. Equitable !The ECS falls within the limits of the Treaty;HIMI
!Settlement of Disputes Arising From Conflicting Outer CS sharing + C.Parties V. ISA ECS intersected with the 200 MN line from the
!Harmonization: strict (claimed) Australian territory
!(Parties. Settlement procedures under Part XV; ISA. Advisory opinion from
!(Parties.
application of Part XII + !Question of submarine prolongation: Kerguelen
the Sea-Bed Disputes Chamber (Part XI; ITLOS case no. 17)
UNGA “Question of Plateau, Skiff and Elan Banks = natural
!Common
!Common heritage of mankind, the respect of status of the Area as an
Antarctica”: Protocol = component; William Ridge = depth constraint
obligation erga omnes? Actio popularis for each UNCLOS State Party?
ATS Legitimacy criteria not justified
- The Arctic Ocean is certainly nearer to a “CRAMRA period Conclusions
rather than a “Madrid Protocol phase”
Arctic is both an environmental and UNCLOS common concern - Antarctic is a global concern. Special status and protection. No mineral
!To reinforce protection for mineral exploitation: UNCLOS (Part XII, A exploitation until 2048
new 234?); Arctic Council (“Regional” Standard); National Legislation !Extending protection to the Antarctic Convergence?
implementation and enforcement !To achieve a ATS mediated agreement on Bioprospecting
!To strengthen international cooperation: What solution for a Decision !Reinforce ATS institutionalization for strenghthening control on activities
Making Level effective, aware and participatory? !Entry into force of the special liability regime (Annex VI)