gradually weakened the farther away from the shore one is.
10 In this sense, coastal
states were to exercise fewer substantial rights (and were less strictly obliged) on the
EEZ or the continental shelf than in the internal waters, territorial sea, and
contiguous zone.
Among the series of compromises that enabled the crafting of such new and
complex division
11 was the possibility of lawfully delineating a continental shelf that
extends beyond the default 200 nautical miles (nm) applicable to the EEZ by virtue
of Art. 57 UNCLOS.
12 In other words, coastal states were to be acknowledged
functional jurisdiction over the natural prolongation of their land mass beyond
200 nm, provided they comply with the scientific and technical formulae contained
in Art. 76 (4) to (6) UNCLOS, and perform the complete delineation procedure
before the UN Commission for the Limits of the Continental Shelf (CLCS).
13 The
Commission, one of the three treaty-based bodies devised by UNCLOS, is charged
with entertaining the geographic, geodesic and oceanographic data submitted by
coastal states, and making recommendations on the outer limits of the continental
shelf claimed in these submissions.
14 The continental shelf laying beyond 200 nm
has been commonly referred to by the literature as “outer”, “extended” or “legal”
continental shelf, expressions which will be used as synonyms throughout this
work.
15
Thus far, 77 states have lodged submissions for outer continental shelves, among
which Australia, France, UK, Canada and Brazil. This last country, which is at the
core of the present work, was the second state to forward to the CLCS a submission
for the delineation of the outer limits of its continental shelf, as early as 2004.
Altogether, it claimed outer limits that should have approximately 911.000 km
2 of
seabed and subsoil fall under some degree of Brazilian jurisdiction. Yet, only
approximately 80% of the claimed area has been accepted. The initial submission
was followed by revised partial submissions in 2015 and 2017.
16 National ambitions
towards exclusive rights over an amplified Brazilian continental shelf is a significant
part of the “Brazilian Blue Amazon”, concept coined in 2004 by the Brazilian Navy
to raise public awareness to the economic, geopolitical, scientific and environmental
10 Gavouneli (2014), p. 15.
11 UNCLOS’ negotiators opted for the “package deal” methodology, according to which all key
(and polemic) topics were negotiated in packages (or groups), and to be approved in its entirety by
consensus, so that no particular self-interests could prevail in the process. See Tanaka (2012), p. 28.
12 The continental shelf of broad-margin states may extend up to 350 nm from the baselines or to a
distance not exceeding 100 miles from the 2500-meter depth isobath. The most beneficial variable
shall apply for coastal states, in line with Art. 76 (4) to (6) UNCLOS.
13 Art. 76, paragraph 8, UNCLOS.
14 Art. 76, paragraph 9, UNCLOS.
15 In French, the expression “plateau continental étendu” shows preference for the term “extended”.
See generally Tassin (2013).
16 See Brazilian Executive Summary, “Continental Shelf and UNCLOS”, presented to the CLCS,
8 September 2017, available at: https://www.un.org/Depts/los/clcs_new/submissions_files/submis
sion_bra.htm. Accessed 30 March 2020.
4
1 Introduction: Setting the Stage
10 In this sense, coastal
states were to exercise fewer substantial rights (and were less strictly obliged) on the
EEZ or the continental shelf than in the internal waters, territorial sea, and
contiguous zone.
Among the series of compromises that enabled the crafting of such new and
complex division
11 was the possibility of lawfully delineating a continental shelf that
extends beyond the default 200 nautical miles (nm) applicable to the EEZ by virtue
of Art. 57 UNCLOS.
12 In other words, coastal states were to be acknowledged
functional jurisdiction over the natural prolongation of their land mass beyond
200 nm, provided they comply with the scientific and technical formulae contained
in Art. 76 (4) to (6) UNCLOS, and perform the complete delineation procedure
before the UN Commission for the Limits of the Continental Shelf (CLCS).
13 The
Commission, one of the three treaty-based bodies devised by UNCLOS, is charged
with entertaining the geographic, geodesic and oceanographic data submitted by
coastal states, and making recommendations on the outer limits of the continental
shelf claimed in these submissions.
14 The continental shelf laying beyond 200 nm
has been commonly referred to by the literature as “outer”, “extended” or “legal”
continental shelf, expressions which will be used as synonyms throughout this
work.
15
Thus far, 77 states have lodged submissions for outer continental shelves, among
which Australia, France, UK, Canada and Brazil. This last country, which is at the
core of the present work, was the second state to forward to the CLCS a submission
for the delineation of the outer limits of its continental shelf, as early as 2004.
Altogether, it claimed outer limits that should have approximately 911.000 km
2 of
seabed and subsoil fall under some degree of Brazilian jurisdiction. Yet, only
approximately 80% of the claimed area has been accepted. The initial submission
was followed by revised partial submissions in 2015 and 2017.
16 National ambitions
towards exclusive rights over an amplified Brazilian continental shelf is a significant
part of the “Brazilian Blue Amazon”, concept coined in 2004 by the Brazilian Navy
to raise public awareness to the economic, geopolitical, scientific and environmental
10 Gavouneli (2014), p. 15.
11 UNCLOS’ negotiators opted for the “package deal” methodology, according to which all key
(and polemic) topics were negotiated in packages (or groups), and to be approved in its entirety by
consensus, so that no particular self-interests could prevail in the process. See Tanaka (2012), p. 28.
12 The continental shelf of broad-margin states may extend up to 350 nm from the baselines or to a
distance not exceeding 100 miles from the 2500-meter depth isobath. The most beneficial variable
shall apply for coastal states, in line with Art. 76 (4) to (6) UNCLOS.
13 Art. 76, paragraph 8, UNCLOS.
14 Art. 76, paragraph 9, UNCLOS.
15 In French, the expression “plateau continental étendu” shows preference for the term “extended”.
See generally Tassin (2013).
16 See Brazilian Executive Summary, “Continental Shelf and UNCLOS”, presented to the CLCS,
8 September 2017, available at: https://www.un.org/Depts/los/clcs_new/submissions_files/submis
sion_bra.htm. Accessed 30 March 2020.
4
1 Introduction: Setting the Stage