seafloor sharing sediment affinity with the mainland, i.e. natural prolongation is a
feature, a condition for that affinity. In other words, the continental margin is made
possible by the natural prolongation of the terrestrial territory. In addition to that,
natural prolongation is the most relevant feature of the outer continental shelf, one
that demands the shelf, rise and slope to be part of the natural prolongation of land
territory, allowing for the set-in motion of the formulae of Art. 76 (5) UNCLOS.
The practical consequences of the concept of natural prolongation are twofold.
Firstly, because of that concept, rights over the continental shelf do not depend on
occupation or on any express proclamation, in consonance with Art. 77 (3) UNCLOS.
In other words, the right to a continental shelf is an inherent right. Besides, natural
prolongation constitutes the legal basis of title to an outer continental shelf, to be
delineated in line with Art. 76 UNCLOS.
67 As noted by Judge Oda “the concept of
natural prolongation for the continental shelf was suggested with a view to defining
the international sea-bed area”.
68 In fact, evidence of natural prolongation is a
condition for the entitlement to a continental shelf beyond 200 nm.
69
Politically, the concept has shown considerable relevance. For instance, during
the Third Conference, Nicaragua reaffirmed that the continental shelf is the natural
prolongation of a state’s territory.
70 Such a principle was equally reinforced by
Uruguay in the country’s declarations upon signature and ratification of UNCLOS,
according to which “the continental shelf is the natural prolongation of the territory
of the coastal State to the outer edge of the continental margin”.
71 Those are but a
few states which have taken a similar path.
In jurisprudence, there was a period of substantial confusion and controversy
surrounding the principle of natural prolongation, in special with regard to maritime
67 For a contrary view, see Hyun Jung Kim (2014), p. 383, for whom the principle of natural
prolongation has been eroded to the point of having little legal effect, particularly in maritime
boundary delimitation disputes. In fact, the natural prolongation had been weakened due to the
artificial emergence of the EEZ and to the need to establish more objective criteria for the
determination of the outer limits of the continental shelf. Such changes would have turned the
natural prolongation into an irrelevant circumstance in delimitation, “whether the continental shelf
extends beyond 200 nm or not”. With due respect to that scholar, it seems that the principle of
natural prolongation was preserved in UNCLOS, still playing a significant role in determining the
outer edge of the continental margin, a pre-requisite for the delineation of the outer limits of the
continental shelf. In fact, one of the criteria for determining the outer edge is the sedimentary affinity
between the seafloor and mainland, pursuant to Art. 76, paragraph 4 (a) (i) UNCLOS. What is
sedimentary affinity if not an evidence of the natural prolongation of the land mass seawards? It is,
thus, premature to dismiss the principle of natural prolongation as a myth for the continental shelf
regime, in particular regarding the shelf beyond 200 nm. That provision will be examined in further
detail in the next chapter.
68 McWhinney (1993), p. 424.
69 In Jia’s opinion, “the notion of natural prolongation still has currency in today’s legal regime of
the continental shelf”. See Jia (2013), p. 102.
70 A/CONF.62/SR.104 104th Plenary meeting Extract from the Official Records of the Third United
Nations Conference on the Law of the Sea, Volume IX.
71 Republic of Uruguay. Declarations made upon signature (10 December 1982) and confirmed
upon ratification (10 December 1982).
36
2 The General International Legal Regime of the Continental Shelf
feature, a condition for that affinity. In other words, the continental margin is made
possible by the natural prolongation of the terrestrial territory. In addition to that,
natural prolongation is the most relevant feature of the outer continental shelf, one
that demands the shelf, rise and slope to be part of the natural prolongation of land
territory, allowing for the set-in motion of the formulae of Art. 76 (5) UNCLOS.
The practical consequences of the concept of natural prolongation are twofold.
Firstly, because of that concept, rights over the continental shelf do not depend on
occupation or on any express proclamation, in consonance with Art. 77 (3) UNCLOS.
In other words, the right to a continental shelf is an inherent right. Besides, natural
prolongation constitutes the legal basis of title to an outer continental shelf, to be
delineated in line with Art. 76 UNCLOS.
67 As noted by Judge Oda “the concept of
natural prolongation for the continental shelf was suggested with a view to defining
the international sea-bed area”.
68 In fact, evidence of natural prolongation is a
condition for the entitlement to a continental shelf beyond 200 nm.
69
Politically, the concept has shown considerable relevance. For instance, during
the Third Conference, Nicaragua reaffirmed that the continental shelf is the natural
prolongation of a state’s territory.
70 Such a principle was equally reinforced by
Uruguay in the country’s declarations upon signature and ratification of UNCLOS,
according to which “the continental shelf is the natural prolongation of the territory
of the coastal State to the outer edge of the continental margin”.
71 Those are but a
few states which have taken a similar path.
In jurisprudence, there was a period of substantial confusion and controversy
surrounding the principle of natural prolongation, in special with regard to maritime
67 For a contrary view, see Hyun Jung Kim (2014), p. 383, for whom the principle of natural
prolongation has been eroded to the point of having little legal effect, particularly in maritime
boundary delimitation disputes. In fact, the natural prolongation had been weakened due to the
artificial emergence of the EEZ and to the need to establish more objective criteria for the
determination of the outer limits of the continental shelf. Such changes would have turned the
natural prolongation into an irrelevant circumstance in delimitation, “whether the continental shelf
extends beyond 200 nm or not”. With due respect to that scholar, it seems that the principle of
natural prolongation was preserved in UNCLOS, still playing a significant role in determining the
outer edge of the continental margin, a pre-requisite for the delineation of the outer limits of the
continental shelf. In fact, one of the criteria for determining the outer edge is the sedimentary affinity
between the seafloor and mainland, pursuant to Art. 76, paragraph 4 (a) (i) UNCLOS. What is
sedimentary affinity if not an evidence of the natural prolongation of the land mass seawards? It is,
thus, premature to dismiss the principle of natural prolongation as a myth for the continental shelf
regime, in particular regarding the shelf beyond 200 nm. That provision will be examined in further
detail in the next chapter.
68 McWhinney (1993), p. 424.
69 In Jia’s opinion, “the notion of natural prolongation still has currency in today’s legal regime of
the continental shelf”. See Jia (2013), p. 102.
70 A/CONF.62/SR.104 104th Plenary meeting Extract from the Official Records of the Third United
Nations Conference on the Law of the Sea, Volume IX.
71 Republic of Uruguay. Declarations made upon signature (10 December 1982) and confirmed
upon ratification (10 December 1982).
36
2 The General International Legal Regime of the Continental Shelf