Continental shelf - scope and legal regime

(Baonghean.vn) -Question 16. What is the continental shelf? Scope and legal regime?

Reply:Nowadays, the concept of continental shelf has become familiar to everyone. However, not all issues related to this concept have been clarified. What is the continental shelf? How is the scope of the continental shelf determined? Is the continental shelf part of the coastal state's territory?...

The concept of continental shelf appeared in international legal science as a result of achievements in marine science and technology for more than half a century. The results allow people to explore the secrets of the seabed and the subsoil under the seabed.

That is why it has urged mankind to find ways to master and exploit the abundant natural resources there to serve life and development in difficult circumstances due to population explosion and depletion of terrestrial resources.

In 1942, for the first time in history, the seabed and subsoil in the Gulf of Pariat, which lay outside the limits of territorial waters and had previously been considered part of the high seas (international seas, public seas), were divided by Great Britain and Venezuela, with the recognition of each country's sovereign rights over the respective seabed and subsoil.

In 1945, the Declaration of US President Harry Truman on "The Policy of the United States of America with Respect to the Natural Resources of the Seabed and Subsoil" recognized the continental shelf as an extension of the land territory of a coastal State and should be under the jurisdiction of that State. From this point on, the doctrine of the continental shelf began to develop and enter the life of the international community.

However, it was not until 1958 that people succeeded in codifying the concept of continental shelf in international maritime law by adopting the Geneva Convention on the Continental Shelf along with three other conventions.

Article 1 of the Geneva Convention on the Continental Shelf defines the legal continental shelf as follows: "...the term "continental shelf" is used to mean (a) the seabed and subsoil of submarine areas beyond the territorial sea and to a depth of 200 metres of water; or beyond that limit to a depth that permits the exploitation of their natural resources; (b) the seabed and subsoil of similar submarine areas adjacent to the shores of islands".

Article 76 of the 1982 United Nations Convention on the Law of the Sea defines the legal continental shelf as follows: "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."

For offshore islands of a coastal state, if they are suitable for human habitation and have their own economic life, they will have their own continental shelf.

However, the following paragraphs of Article 76 of the Convention also provide that in cases where the outer edge of the continental margin of a coastal State extends beyond 200 nautical miles, as mentioned above, the coastal State may determine the outer limits of its continental shelf to a distance not exceeding 350 nautical miles from the baselines or 100 nautical miles from the 2,500 metre isobath, subject to the specific provisions on the determination of the outer limits of the continental shelf in the Convention and in accordance with the recommendations of the Commission on the Limits of the Continental Shelf established under Annex II of the Convention.

The legal regime of the continental shelf is expressed through the rights of the coastal state. That is the exercise of sovereignty through the exploration and exploitation of natural resources on the continental shelf. In addition, the coastal state also has jurisdiction over marine scientific research on its continental shelf; rights over artificial islands, installations and structures on the continental shelf; the right to protect and preserve the marine environment.

Other States have the right to lay submarine cables and pipelines on the continental shelf (Article 79) subject to the consent of the coastal State.

The sovereignty of a coastal state over the continental shelf is most important, expressed in the following:

This is the sovereign right of a coastal state (not sovereignty) over its own continental shelf.

This right is exclusive in nature, meaning that "where the coastal State does not explore or exploit the natural resources of the continental shelf, no one may undertake these activities without the express consent of the coastal State" (Article 77, paragraph 2).

This right exists automatically and from the outset, the coastal State need not possess, actually or notarially, or proclamation.

In accordance with the provisions of the Convention, Article 17 of the 2012 Law of the Sea of ​​Vietnam stipulates: The continental shelf of Vietnam is the seabed and subsoil of the submarine areas adjacent to and beyond the territorial sea of ​​Vietnam, throughout the entire natural prolongation of the mainland territory, islands and archipelagos of Vietnam to the outer edge of the continental margin.

Where the outer edge of the continental margin extends less than 200 nautical miles from the baseline, the continental shelf therein extends to a distance of 200 nautical miles from the baseline.

Where the outer edge of the continental margin extends beyond 200 nautical miles from the baseline, the continental shelf therein extends to a distance not exceeding 350 nautical miles from the baseline or not exceeding 100 nautical miles from the 2,500m isobath.

Article 18 of the Law of the Sea of ​​Vietnam clearly stipulates the legal regime of Vietnam's continental shelf as follows:

1. The State exercises sovereign rights over the continental shelf for the exploration and exploitation of resources.

2. The sovereign rights stipulated in Clause 1 of this Article are exclusive in nature; no one has the right to conduct continental shelf exploration activities or exploit resources of the continental shelf without the consent of the Government of Vietnam.

3. The State has the right to exploit the subsoil under the seabed, and to permit and regulate drilling for any purpose on the continental shelf.

4. The State respects the right of other countries to lay submarine cables and pipelines and other lawful uses of the sea on the continental shelf of Vietnam in accordance with the provisions of this Law and international treaties to which the Socialist Republic of Vietnam is a member, without prejudice to Vietnam's sovereignty, national jurisdiction and national maritime interests.

The installation of underground cables and pipes must have written approval from the competent state agency of Vietnam.

5. Foreign organizations and individuals are allowed to participate in the exploration, use, exploitation of resources, scientific research, installation of equipment and structures on the continental shelf of Vietnam on the basis of international treaties to which the Socialist Republic of Vietnam is a member, contracts signed in accordance with the provisions of Vietnamese law or with the permission of the Government of Vietnam.

According to Q&A on Vietnam's Law of the Sea

(To be continued)