Maritime Ownership Issues

Cold War Pursuits Intensified

The need for comprehensive maritime ownership laws came to a head in the late 1960s, when manganese nodules were discovered on global deep ocean floors. These nodules contained magnesium, copper, minerals and some very valuable hard metals that were extremely useful in the Cold War for use in missiles and rockets.

As a result, the U.N. General Assembly passed a resolution establishing deep ocean resources as a benefit for all of mankind.

"That was the seed for the third U.N. convention on laws of the sea in 1972," said Chris Carleton, head of the Law of the Sea Division at the United Kingdom Hydrographic Office.

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The need for comprehensive maritime ownership laws came to a head in the late 1960s, when manganese nodules were discovered on global deep ocean floors. These nodules contained magnesium, copper, minerals and some very valuable hard metals that were extremely useful in the Cold War for use in missiles and rockets.

As a result, the U.N. General Assembly passed a resolution establishing deep ocean resources as a benefit for all of mankind.

"That was the seed for the third U.N. convention on laws of the sea in 1972," said Chris Carleton, head of the Law of the Sea Division at the United Kingdom Hydrographic Office.

"This conference spanned a 10-year period and included all the nations in the U.N., including land locked countries, which were given rights to the resources of the world's seas."

Issues such as navigation, economic zones, resources of the deep oceans, transfer of technology and scientific research were studied, debated and decided over the next 10 years, and by 1982 a comprehensive set of laws was established.

Unfortunately, by the early 1990s none of the industrialized nations had ratified the convention.

"The convention was originally written under the government-owned model, which meant it was a big operation run by the U.N. through a huge seabed authority," Carleton said. "By the 1990s that wasn't going to work, so the U.N. had to change that aspect of the program without changing the tenants of the convention."

The result: The United Nations Convention of the Law of the Sea came into power in 1994, covering a wide array of maritime issues.

Among those issues is article 76, "Definition of the Continental Shelf." This article requires action from coastal states to secure maximum territorial advantage and resource potential, and provides technical guidance in the process of claiming continental shelf beyond 200 nautical miles if there is a "natural prolongation" of the coastal state's landmass outside of that distance.

The section describes how the outer limit of the continental shelf may be defined according to the position of the foot of the continental slope and either geodetic measurements or patterns of sediment thickness variation oceanward of the slope.

Bathymetry charts of the world's oceans margins suggest many shallow areas of seafloor may readily constitute "natural prolongations," since they developed along rifted passive margins during break up.

Also, volcanic ridges, which form an intimate component of a continental margin, and local sediment thickness anomalies, such as deltas and fans, are likely to constitute "natural prolongations."

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