2.4.3 Sovereign and Exclusive Rights
In line with Art. 77 (1) UNCLOS, coastal states exercise sovereign rights for the
purposes of exploring the continental shelf and exploiting its natural resources.
82
This provision mirrors Art. 2 (2) CSC. By natural resources, UNCLOS means
mineral non-living resources (particularly hydrocarbons and minerals of the seabed
and subsoil) and living organisms known as sedentary species, i.e. “organisms
which, at the harvestable stage, either are immobile on or under the seabed or are
unable to move except in constant physical contact with the seabed or the subsoil”.
83
Besides, sovereign rights over the continental shelf resources are exclusive, in the
sense that “if the coastal State does not explore the continental shelf or exploit its
natural resources, no one may undertake these activities without the express consent
of the coastal State”.
84
States are, thus, recognized a functional jurisdiction, enjoying rights to explore
the territory (physical medium) of the continental shelf, as well as rights to exploit
the resources thereon. References have been made in literature to a “resource
jurisdiction” or “economic jurisdiction” of coastal states over the shelf, phrases
that, although not wrong, only incompletely depict the rights and duties of coastal
states in that zone.
85 In this regard, there seems to be considerable confusion
between the notions of continental shelf, sovereign rights and territory, as some
authors have described the continental shelf as the “terrestrial territory” of the coastal
state, in contrast with the EEZ, which would amount to the “maritime territory” of
that state.
86 That is a rather loosen way to refer to a key element of statehood, that of
82 There is also a debate on the range of the notion of “natural resources”, as some domestic
legislations seem to adopt an expansive interpretation of this phrase to include “other resources”,
such as archeological as well as other submerged objects into the hall of resources under its
jurisdiction. It must be clear, however, that UNCLOS does not allow for such a broad interpretation.
Natural resources are defined in Art. 77, paragraph 4, and contain solely “mineral and other
non-living resources of the seabed and subsoil together with living organisms belonging to
sedentary species”. Such sedentary species are generally accepted as including “clanks, clams,
oysters, mussels, scallops, sponges, corals, and crustaceans such as shrimps, prawns, lobsters, and
crabs”. See generally Kojima (2008). According to the ILC Commentaries to the law of the sea,
paragraph 3, “the rights in question do not cover so-called bottom-fish and other fish which,
although living in the sea, occasionally have their habitat at the bottom of the sea or are bred
there”. Finally, it should be noted that coastal States have also rights over the genetic resources
abounding on their continental shelves.
83 Art. 77, paragraph 4, UNCLOS.
84 Art. 77, paragraph 2, UNCLOS, which coincides with the ILC Commentaries to the Law of the
Sea, of 1956, paragraph 2, 297.
85 More on the insufficiencies of the phrase “resource jurisdiction” applied to the continental shelf in
Chap. 7.
86 It is the case of Rangel (1995), p. 484, to whom the continental shelf beyond 200 nm meant,
imprecisely, that the terrestrial territory of the coastal state could extend beyond the “maritime
territory” of that same state.
2.4 Core Principles of the Continental Shelf Regime
39
In line with Art. 77 (1) UNCLOS, coastal states exercise sovereign rights for the
purposes of exploring the continental shelf and exploiting its natural resources.
82
This provision mirrors Art. 2 (2) CSC. By natural resources, UNCLOS means
mineral non-living resources (particularly hydrocarbons and minerals of the seabed
and subsoil) and living organisms known as sedentary species, i.e. “organisms
which, at the harvestable stage, either are immobile on or under the seabed or are
unable to move except in constant physical contact with the seabed or the subsoil”.
83
Besides, sovereign rights over the continental shelf resources are exclusive, in the
sense that “if the coastal State does not explore the continental shelf or exploit its
natural resources, no one may undertake these activities without the express consent
of the coastal State”.
84
States are, thus, recognized a functional jurisdiction, enjoying rights to explore
the territory (physical medium) of the continental shelf, as well as rights to exploit
the resources thereon. References have been made in literature to a “resource
jurisdiction” or “economic jurisdiction” of coastal states over the shelf, phrases
that, although not wrong, only incompletely depict the rights and duties of coastal
states in that zone.
85 In this regard, there seems to be considerable confusion
between the notions of continental shelf, sovereign rights and territory, as some
authors have described the continental shelf as the “terrestrial territory” of the coastal
state, in contrast with the EEZ, which would amount to the “maritime territory” of
that state.
86 That is a rather loosen way to refer to a key element of statehood, that of
82 There is also a debate on the range of the notion of “natural resources”, as some domestic
legislations seem to adopt an expansive interpretation of this phrase to include “other resources”,
such as archeological as well as other submerged objects into the hall of resources under its
jurisdiction. It must be clear, however, that UNCLOS does not allow for such a broad interpretation.
Natural resources are defined in Art. 77, paragraph 4, and contain solely “mineral and other
non-living resources of the seabed and subsoil together with living organisms belonging to
sedentary species”. Such sedentary species are generally accepted as including “clanks, clams,
oysters, mussels, scallops, sponges, corals, and crustaceans such as shrimps, prawns, lobsters, and
crabs”. See generally Kojima (2008). According to the ILC Commentaries to the law of the sea,
paragraph 3, “the rights in question do not cover so-called bottom-fish and other fish which,
although living in the sea, occasionally have their habitat at the bottom of the sea or are bred
there”. Finally, it should be noted that coastal States have also rights over the genetic resources
abounding on their continental shelves.
83 Art. 77, paragraph 4, UNCLOS.
84 Art. 77, paragraph 2, UNCLOS, which coincides with the ILC Commentaries to the Law of the
Sea, of 1956, paragraph 2, 297.
85 More on the insufficiencies of the phrase “resource jurisdiction” applied to the continental shelf in
Chap. 7.
86 It is the case of Rangel (1995), p. 484, to whom the continental shelf beyond 200 nm meant,
imprecisely, that the terrestrial territory of the coastal state could extend beyond the “maritime
territory” of that same state.
2.4 Core Principles of the Continental Shelf Regime
39