Continental shelf, rights and obligations of coastal states on the continental shelf?

(Baonghean) - The 1982 Convention has defined the legal nature of the continental shelf and expanded the continental shelf with new technical standards. Article 76, paragraph 1 defines: "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 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."

Where the outer edge of the continental margin of a coastal State extends beyond 200 nautical miles from the baselines, the coastal State may determine the outer limits of its continental shelf to a distance not exceeding 350 nautical miles from the baselines or the 2,500 m isobath, a distance not exceeding 100 nautical miles, subject to the specific provisions on the determination of the outer limits of the continental shelf in the 1982 Convention and in accordance with the recommendations of the Commission on the Limits of the Continental Shelf established on the basis of Annex II to the Convention.

According to Article 77 of the 1982 Convention, on the continental shelf of a coastal state (such as Vietnam's position on the continental shelf of the East Sea):

+ Exercise sovereign rights over the continental shelf in terms of exploration and exploitation of its resources.

+ The above rights are exclusive in nature, meaning that if the coastal state does not explore the continental shelf or exploit the natural resources of the continental shelf, no one has the right to carry out such activities without the express consent of that coastal state.

+ The rights of the coastal State over the continental shelf do not depend on occupation, effective or notional, nor on any express proclamation. However, the coastal State is obliged to pay taxes to the Seabed Authority on the profits derived from the exploitation of the continental shelf beyond 200 nautical miles.

The 1982 Convention also stipulates that other countries have the right to exercise freedom of the seas on the continental shelf of a coastal state on condition that the rights of that state are respected. Specifically, Article 78 stipulates:

+ The rights of the coastal State over the continental shelf do not affect the legal regime of the superjacent waters or of the air space above these waters.

+ The exercise by the coastal State of its rights over the continental shelf must not infringe or cause unjustifiable interference with navigation and other rights and freedoms of other States as provided for in this Convention.
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