Law of the Sea Coming to Be

Licensing Issues?
July 2004 Kathy Shirley

Since man first took to the seas, territorial disputes have raged over the world's oceans. Often, maritime laws grew out of custom — if there were no objections to a practice then it became the norm. Eventually, the norm became law.

All that changed in the 1900s, however, when the world went to war, and for the better part of a century, officials have struggled with just how to carve up the seas.

With resources such as oil and gas being found in deeper waters, the struggle carried an increasingly important price tag.

Which brings us to 1982, and the United Nations' Convention on the Law of the Sea, a regulatory framework for the definition of rights and responsibilities of coastal states on maritime areas that has resulted in what some officials call among the largest legitimate land grabs in the history of maritime space.

Chris Carleton, head of the Law of the Sea Division at the United Kingdom Hydrographic Office, tracks the roots first to the League of Nations, which in the early part of the century tried to deal with the subject. Nothing much came of it — then.

"The requirement for a codification of international maritime law was again recognized during World War II, and one of the first actions by the newly formed United Nations was to task the International Law Commission to look at the codification of international law in this area."

"From this study the first U.N. conference on the law of the sea took place in Geneva in 1958. This resulted in four conventions, two of which — the Convention on the Territorial Sea and Contiguous Zone and the Continental Shelf Convention — recognized that states had a right to maritime space and to explore and exploit the resources. These conventions were the first codification of international maritime law."

Extended reading

Emphasis Article

Many Countries Ready to 'Do a Deal'

There's a world of leasing opportunities awaiting those wit...

Please log in to read the full article

Since man first took to the seas, territorial disputes have raged over the world's oceans. Often, maritime laws grew out of custom — if there were no objections to a practice then it became the norm. Eventually, the norm became law.

All that changed in the 1900s, however, when the world went to war, and for the better part of a century, officials have struggled with just how to carve up the seas.

With resources such as oil and gas being found in deeper waters, the struggle carried an increasingly important price tag.

Which brings us to 1982, and the United Nations' Convention on the Law of the Sea, a regulatory framework for the definition of rights and responsibilities of coastal states on maritime areas that has resulted in what some officials call among the largest legitimate land grabs in the history of maritime space.

Chris Carleton, head of the Law of the Sea Division at the United Kingdom Hydrographic Office, tracks the roots first to the League of Nations, which in the early part of the century tried to deal with the subject. Nothing much came of it — then.

"The requirement for a codification of international maritime law was again recognized during World War II, and one of the first actions by the newly formed United Nations was to task the International Law Commission to look at the codification of international law in this area."

"From this study the first U.N. conference on the law of the sea took place in Geneva in 1958. This resulted in four conventions, two of which — the Convention on the Territorial Sea and Contiguous Zone and the Continental Shelf Convention — recognized that states had a right to maritime space and to explore and exploit the resources. These conventions were the first codification of international maritime law."

"This convention didn't say how wide these territorial waters were, but it did legitimize claims to a territorial sea," Carleton said. "The Continental Shelf Convention also said a state was entitled to a seabed beyond its shores, and the wording of the 1958 convention set that limit at 200 meters 'or as far as could be exploited.'

"At that time the capabilities to exploit the seafloor to 200 meters didn't exist," he added, "much less beyond that limit."

The Rules of the Game

Under the rules of the 1982 UNCLOS, countries have 10 years following ratification of the convention to make a claim to its extended continental shelf via the Commission on the Limits of the Continental Shelf.

Currently 145 states have ratified the agreement. The United States, which is in the process of ratifying the agreement, is the only major nation remaining to ratify the UNCLOS.

The deadline for claiming an extended continental shelf beyond 200 nautical miles recently was extended to 2009 for states that already have ratified the agreement, while other nation's 10-year time clock will start from the date of ratification.

Carleton said through mid-2004 only Russia and Brazil had filed claims with the Commission on the Limits of the Continental Shelf. The Russian claim was still being considered by the commission, having requested more data from the Russians and the Brazilian claim had only just begun the process having been filed in May this year.

"These claims are a tremendous undertaking for countries and can cover considerable areas," he said, "but the effort is certainly worth it. The petroleum industry is moving ever further into deeper waters, so the issue can have serious economic impact. In addition to oil and gas, island states with mini-volcanoes off their shores could have valuable molten minerals on the seafloor."

Coastal states that plan to make a claim with the commission must conduct geological, geophysical and geomorphologic studies to support the claim. The 21 members of the commission will then:

  • Evaluate the basis of any claim.
  • Determine whether it is in accordance with guidance provided by the U.N. Department of the Oceans and the Law of the Sea.
  • Make recommendations to the secretary-general regarding acceptability of sovereignty claim.

The convention does set limits to these continental shelf claims. Carleton says there are two cutoffs — 350 miles from the territory sea baseline or 100 nautical miles beyond the 2,500-meter depth contour, whichever one is greater.

Sudden Impacts

So, which countries will be effected significantly by the continental shelf definition?

Carleton said that the so called "broad margin states" such as the U.S., several states on the eastern seaboard of South America, Australia, New Zealand and several states on the western seaboards of Europe and Africa will be involved with this type of extended continental shelf claim.

"The theoretical impact on Antarctica could be significant as it is a very controversial area," he said. "Antarctica has a huge continental shelf, but how it will be claimed and developed is as yet unknown."

Large, industrialized nations such as the United States have teams of officials and scientists working on securing the nation's interests, but many smaller countries don't have the resources or expertise to deal with the necessary scientific requirements of Article 76. These smaller countries can go to the U.N. for assistance or private organizations established to aid with the commission requirements.

The Southampton Oceanography Centre in the United Kingdom, for example, offered a course on the requirements in Dallas during the recent AAPG annual meeting, explaining how to make a claim for the last five years.

Carleton said officials from 47 countries have attended the Southampton session.

"The number of claims filed with the commission will accelerate over the next few years," he said. At the moment:

  • Spain, Brazil and Uruguay "are very close to making their claims," he said.
  • Japan is currently doing "a tremendous amount of work on a very complicated claim."
  • The UK and Ireland "have done most of the work in their home territories and could file claims in the next year."
  • France is doing a good deal of work on its vast territories around the world, some of which are in very remote places, "which makes the work expensive."
  • Canada recently ratified the convention, "so its 10-year clock has started," he said.

"It is extremely important for countries to go through this process, because 20 years down the line who knows what might be discovered in the world's oceans, and if a claim has not been filed countries could have a great deal to lose.

"Who would have guessed 20 years ago we would be drilling for oil and gas in 10,000 feet of water today?"

Oil companies, too, should be aware of the implications of this issue.

"Companies need to be cognizant of the steps host governments are taking with regard to the UNCLOS," he said, "because it could impact offshore licensing."

You may also be interested in ...