exploitation of natural resources is possible.
49 Hence, the main feature of the 1958
CSC was the dual criteria for the delimitation of the shelf, i.e. depth and exploitability, following the ILC approach.
Moreover, the CSC already contained the embryo of the “sovereign rights”
concept in Art. 2, by indicating the creation of maritime zones with functional
jurisdictions. There, sovereign rights over natural resources were exclusive, meaning
that no other state could, without consent from the coastal State, explore or exploit
resources therein. The wording of Art. 2 was copied ipsis litteris into Art.
77 UNCLOS. Coastal states are also acknowledged the right to “take reasonable
measures for the exploration of the continental shelf and the exploitation of its
natural resources”.
As clear as in the Truman Proclamation, the rights of coastal States over the
continental shelf shall not affect the legal status of the superjacent waters as high
seas.
50 Coastal States, when exercising their sovereign rights, are bound by a duty of
reasonableness, and may not interfere with high seas freedoms. In fact, coastal States
have the right to “take reasonable measures” over the continental shelf, but shall not
exercise jurisdiction on the water column beyond 12 nm.
51 The CSC prohibited any
unjustifiable interference with: laying of cables and pipelines; navigation; fishing;
conservation of the living resources of the sea; and fundamental oceanographic or
other scientific research with intention of open publication (not applied commercial
research).
52 The legislators went as far as possible in the preservation of freedom of
navigation above the continental shelf, establishing the illegality of interferences
with activities that have an indirect impact on the shelf resources, anticipating
debates on coastal state measures to limit fishing in the superjacent waters, with an
aim at protecting sedentary species of the continental shelf.
An innovation of the CSC lied on the fact that it consistently positivized the
obligation to take “all appropriate measures for the protection of the living
resources” from harmful agents around the installations.
53 To our understating,
this represented a first timid attempt to impose an environmental due diligence
obligation to States, but restricted to the 500 meters safety zones. Apart from that,
the CSC offered inspiration for several provisions of UNCLOS Part VI, with the
exception of Arts. 76 and 82, which relate to the outer continental shelf, a concept
not yet in discussion during the 1950s.
49 Art. 1 CSC, on the definition of the continental shelf.
50 Art. 3 CSC, on the legal status of superjacent waters of the continental shelf.
51 Art. 4 CSC, on the rights of coastal states to explore the continental shelf and exploit its natural
resources.
52 In the case of “purely scientific research”, States shall not withhold consent, but have the right to
participate or to be represented in the research, according to Art. 5, paragraph 8, CSC.
53 Art. 5 CSC, paragraph 7, on the right of coastal states to protect living resources of the continental
shelf.
32
2 The General International Legal Regime of the Continental Shelf
49 Hence, the main feature of the 1958
CSC was the dual criteria for the delimitation of the shelf, i.e. depth and exploitability, following the ILC approach.
Moreover, the CSC already contained the embryo of the “sovereign rights”
concept in Art. 2, by indicating the creation of maritime zones with functional
jurisdictions. There, sovereign rights over natural resources were exclusive, meaning
that no other state could, without consent from the coastal State, explore or exploit
resources therein. The wording of Art. 2 was copied ipsis litteris into Art.
77 UNCLOS. Coastal states are also acknowledged the right to “take reasonable
measures for the exploration of the continental shelf and the exploitation of its
natural resources”.
As clear as in the Truman Proclamation, the rights of coastal States over the
continental shelf shall not affect the legal status of the superjacent waters as high
seas.
50 Coastal States, when exercising their sovereign rights, are bound by a duty of
reasonableness, and may not interfere with high seas freedoms. In fact, coastal States
have the right to “take reasonable measures” over the continental shelf, but shall not
exercise jurisdiction on the water column beyond 12 nm.
51 The CSC prohibited any
unjustifiable interference with: laying of cables and pipelines; navigation; fishing;
conservation of the living resources of the sea; and fundamental oceanographic or
other scientific research with intention of open publication (not applied commercial
research).
52 The legislators went as far as possible in the preservation of freedom of
navigation above the continental shelf, establishing the illegality of interferences
with activities that have an indirect impact on the shelf resources, anticipating
debates on coastal state measures to limit fishing in the superjacent waters, with an
aim at protecting sedentary species of the continental shelf.
An innovation of the CSC lied on the fact that it consistently positivized the
obligation to take “all appropriate measures for the protection of the living
resources” from harmful agents around the installations.
53 To our understating,
this represented a first timid attempt to impose an environmental due diligence
obligation to States, but restricted to the 500 meters safety zones. Apart from that,
the CSC offered inspiration for several provisions of UNCLOS Part VI, with the
exception of Arts. 76 and 82, which relate to the outer continental shelf, a concept
not yet in discussion during the 1950s.
49 Art. 1 CSC, on the definition of the continental shelf.
50 Art. 3 CSC, on the legal status of superjacent waters of the continental shelf.
51 Art. 4 CSC, on the rights of coastal states to explore the continental shelf and exploit its natural
resources.
52 In the case of “purely scientific research”, States shall not withhold consent, but have the right to
participate or to be represented in the research, according to Art. 5, paragraph 8, CSC.
53 Art. 5 CSC, paragraph 7, on the right of coastal states to protect living resources of the continental
shelf.
32
2 The General International Legal Regime of the Continental Shelf