Continental Shelf

Question 1

Truman proclamation 1945

Answer 1

The government of the USA regards the natural resources of the subsoil and sea bed of the continental shelf beneath the high seas but contiguous to the coasts of the US as appertaining to the US, subject to its jurisdiction and control. In cases where the continental sheld extends to the shores of another State, or is shared with an adjacent State, the boundary shall be determined by the US and the State concerned in accordance with equitable principles. The character as high seas of the waters above the continental sheld and the right to their free and unimpeded navigation are in no way thus affected.

Question 2

Montego Bay, Art. 76 definition continental shelf

Answer 2

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.
In any case, the continental shelf shall not exceed (a certain distance)

Question 3

Montego Bay, Art.77 rights in continental shelf

Answer 3

1. The coastal State exercises over the continental shelf sovereign rights for the purpose of exploring it and exploiting its natural resources.
   2. The rights referred to in paragraph 1 are exclusive in the sense that if the coastal State does not explore the continental shelf or exploit its natural resources, no one may undertake these activities without the express consent of the coastal State.
   3. The rights of the coastal State over the continental shelf do not depend on occupation, effective or notional, or on any express proclamation.
   4. The natural resources referred to in this Part consist of the mineral and other non-living resources of the seabed and subsoil together with living organisms belonging to sedentary species, that is to say, organisms which, at the harvestable stage, either are immobile on or under the seabed or are unable to move except in constant physical contact with the seabed or the subsoil.

Question 4

Montego Bay, Art. 78, 82 freedoms in the continental shelf and payments to ISA

Answer 4

• Art. 78
  The rights of the coastal State over the continental shelf do not affect the legal status of the superjacent waters or of the air space above those waters.
  Right of other States to navigate and to lay submarine cables and pipelines
  • Art. 82
    The coastal State shall make payments or contributions in kind, through the International Seabed Authority, in respect of the exploration of the non-living resources of the continental shelf beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured