thickness of rise sediments. A generous value of 1% of the distance from the
measured point to the reference point (the foot of the continental slope—FoS)
allow the coastal State to enclose the continental rise as part of its Continental
Shelf. In other words, the outer limit of the rise at any point would be where the
sediment thickness is at least 1% of the shortest distance from the foot of the slope to
that point. These two propositions (Hedberg and Gardiner), after some amendments,
15 provided the basics for the Article 76.
The five major inputs can be summarized as
16 :
1. The term “continental margin” is defined in its natural scientific sense and is
specified as including the continental shelf, slope and rise.
2. Two formulas were suggested to precisely establish the outer limit of the continental shelf: (1) a modified Hedberg proposal (the 100 km search band became a
60 NM distance line from the FoS) and (2) the Gardiner formula.
3. The use of simple mathematical calculus to obtain the FoS as the point of
maximum change in gradient.
4. The method by which a coastal State can fix the outer limits of its continental
shelf jurisdiction in hardcopy.
5. The need for an international boundary commission to prevent excessive coastal
State claims.
We can clearly see that the proposed final model is a simplification of the
reality.
17 A “clean and clear” model can easily allow a legal framer to set a generic
rule. The problem is that the “real world” is very distinct from the “ideal world” and
the burden to overcome such differences is to be carried by an international boundary
commission—the Commission on the Limits of the Continental Shelf—as mentioned in the 5 points highlighted by Persand.
18
4 The Commission on Limits of the Continental Shelf
The Commission on the Limits of the Continental Shelf (CLCS) is one of the three
bodies established by the UNCLOS. The two functions of the CLCS are (1) to
consider the data and other material submitted by coastal States concerning the outer
limits of the continental shelf in areas where those limits extend beyond 200 nautical
miles, and to make recommendations in accordance with Article 76 and the Statement of Understanding adopted on 29 August 1980 by the Third United Nations
15 Also known as the Irish Amendments.
16 Persand (2005), p. 4.
17 In this chapter it will not be covered the constrain lines that should be apply to the legal
continental margin (the 350 nautical mile limit, measured from the coastal State baseline and the
100 nautical mile line measured from the isobathymetric of the 2500 m depth).
18 Cit.
196
A. S. de Campos
measured point to the reference point (the foot of the continental slope—FoS)
allow the coastal State to enclose the continental rise as part of its Continental
Shelf. In other words, the outer limit of the rise at any point would be where the
sediment thickness is at least 1% of the shortest distance from the foot of the slope to
that point. These two propositions (Hedberg and Gardiner), after some amendments,
15 provided the basics for the Article 76.
The five major inputs can be summarized as
16 :
1. The term “continental margin” is defined in its natural scientific sense and is
specified as including the continental shelf, slope and rise.
2. Two formulas were suggested to precisely establish the outer limit of the continental shelf: (1) a modified Hedberg proposal (the 100 km search band became a
60 NM distance line from the FoS) and (2) the Gardiner formula.
3. The use of simple mathematical calculus to obtain the FoS as the point of
maximum change in gradient.
4. The method by which a coastal State can fix the outer limits of its continental
shelf jurisdiction in hardcopy.
5. The need for an international boundary commission to prevent excessive coastal
State claims.
We can clearly see that the proposed final model is a simplification of the
reality.
17 A “clean and clear” model can easily allow a legal framer to set a generic
rule. The problem is that the “real world” is very distinct from the “ideal world” and
the burden to overcome such differences is to be carried by an international boundary
commission—the Commission on the Limits of the Continental Shelf—as mentioned in the 5 points highlighted by Persand.
18
4 The Commission on Limits of the Continental Shelf
The Commission on the Limits of the Continental Shelf (CLCS) is one of the three
bodies established by the UNCLOS. The two functions of the CLCS are (1) to
consider the data and other material submitted by coastal States concerning the outer
limits of the continental shelf in areas where those limits extend beyond 200 nautical
miles, and to make recommendations in accordance with Article 76 and the Statement of Understanding adopted on 29 August 1980 by the Third United Nations
15 Also known as the Irish Amendments.
16 Persand (2005), p. 4.
17 In this chapter it will not be covered the constrain lines that should be apply to the legal
continental margin (the 350 nautical mile limit, measured from the coastal State baseline and the
100 nautical mile line measured from the isobathymetric of the 2500 m depth).
18 Cit.
196
A. S. de Campos