Besides that, in the sixties the world social order was living in a turmoil, as new
independent States were rising for the decolonization process. For these newcomers
into the international order, it was obvious that the exploitability criteria would
benefit only those States that hold a significant technological level, especially when
comparing these latter ones with the landlocked and geographically disadvantages
States. An alternative approach was needed, again.
The kick-off for the quest of a new regime was steered by Arvid Pardo.
10 In 1967
he called on the nations of the world to recognize their potential devastation of the
oceans and the importance of the oceans to world peace. He pleaded for “an effective
international regime over the seabed and the ocean floor beyond a clearly defined
national jurisdiction.” This call started a 15-year process to establish a new international regime for the world’s seas. After some preparatory works, conducted by the
recently established United Nations Seabed Committee, the Third Conference on the
Law of the Sea was convened in New York in 1973 to draft an international treaty for
the oceans. Nine consecutive years of negotiations involving more than 160 nations
over national rights and obligations followed. In 10 December 1982, the United
Nations Convention on the Law of the Sea was adopted at the Third UN Conference
on the Law of the Sea (UNCLOS III), in Montego Bay. The UNCLOS entered into
force in 16 November 1994, 12 months after the date of deposit of the sixtieth
instrument of ratification.
Contrarily to the 1958 Geneva Conference, which resulted in four distinct
conventions, the UNCLOS III Conference resulted in a unique Convention, the
package deal to be accepted as a whole in all its parts without reservation on any
aspect, and where the Continental Shelf is described in its Part VI. This Convention
established a totally different formulae to set up the outer limit of the continental
shelf and the methodology to establish its limit is far more complex comparing to the
previously established in the 1958 Convention.
Two important aspects differ from both conventions, regarding to the continental
shelf. The first one is the concept of a restricted outer limit of continental shelf,
11 that
contrasts with the “unlimited” exploitable criteria of the Continental Shelf from the
Geneva Convention. The second one, which is a direct consequence of the first one,
is the establishment of an autonomous regime for the seabed and subsoil beyond the
national jurisdictions, where the resources located there would be considered as
“Common Heritage of Mankind”. This new spatial maritime domain, designated as
Area, is regulated by Part XI of the CNUDM, and managed by the International
Seabed Authority. In a Euclidean domain, one region supplements the other, in other
words, delimiting the continental shelf for all coastal States is paving the way to set
the “outer limit” of the Area.
Due to the complexity of setting the outer limits of the continental shelf, and
understanding the importance of having such limits internationally recognised, a
10 Arvid Pardo was Malta’s permanent representative to the United Nations General Assembly
(1964–1971).
11 McDorman (2002), p. 307.
194
A. S. de Campos
independent States were rising for the decolonization process. For these newcomers
into the international order, it was obvious that the exploitability criteria would
benefit only those States that hold a significant technological level, especially when
comparing these latter ones with the landlocked and geographically disadvantages
States. An alternative approach was needed, again.
The kick-off for the quest of a new regime was steered by Arvid Pardo.
10 In 1967
he called on the nations of the world to recognize their potential devastation of the
oceans and the importance of the oceans to world peace. He pleaded for “an effective
international regime over the seabed and the ocean floor beyond a clearly defined
national jurisdiction.” This call started a 15-year process to establish a new international regime for the world’s seas. After some preparatory works, conducted by the
recently established United Nations Seabed Committee, the Third Conference on the
Law of the Sea was convened in New York in 1973 to draft an international treaty for
the oceans. Nine consecutive years of negotiations involving more than 160 nations
over national rights and obligations followed. In 10 December 1982, the United
Nations Convention on the Law of the Sea was adopted at the Third UN Conference
on the Law of the Sea (UNCLOS III), in Montego Bay. The UNCLOS entered into
force in 16 November 1994, 12 months after the date of deposit of the sixtieth
instrument of ratification.
Contrarily to the 1958 Geneva Conference, which resulted in four distinct
conventions, the UNCLOS III Conference resulted in a unique Convention, the
package deal to be accepted as a whole in all its parts without reservation on any
aspect, and where the Continental Shelf is described in its Part VI. This Convention
established a totally different formulae to set up the outer limit of the continental
shelf and the methodology to establish its limit is far more complex comparing to the
previously established in the 1958 Convention.
Two important aspects differ from both conventions, regarding to the continental
shelf. The first one is the concept of a restricted outer limit of continental shelf,
11 that
contrasts with the “unlimited” exploitable criteria of the Continental Shelf from the
Geneva Convention. The second one, which is a direct consequence of the first one,
is the establishment of an autonomous regime for the seabed and subsoil beyond the
national jurisdictions, where the resources located there would be considered as
“Common Heritage of Mankind”. This new spatial maritime domain, designated as
Area, is regulated by Part XI of the CNUDM, and managed by the International
Seabed Authority. In a Euclidean domain, one region supplements the other, in other
words, delimiting the continental shelf for all coastal States is paving the way to set
the “outer limit” of the Area.
Due to the complexity of setting the outer limits of the continental shelf, and
understanding the importance of having such limits internationally recognised, a
10 Arvid Pardo was Malta’s permanent representative to the United Nations General Assembly
(1964–1971).
11 McDorman (2002), p. 307.
194
A. S. de Campos