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1 Study Summary
Institution of the Continental Shelf
The advantage of the institution of the continental shelf is to recognise the State’s
exclusive exercise of sovereign rights for the exploration and exploitation of its
natural resources. Article 77 of UNCLOS outlines the extent and nature of these
rights. Two points are worth mentioning: firstly, the exclusive nature of these rights
means 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. This demonstrates the strategic importance underlying the
sovereign rights expected of the extension of the continental shelf. The second point
confirms and supports the previous point in that the sovereign rights do not depend
on effective occupation or on any express proclamation.
It is within this context that the Continental Shelf Act of 31st December 1968
(and its implementing decrees) introduced the national legal system serving as a basis for access to marine mineral resources. Considerable developments have come
about in the case of French overseas territories with a specific status, for instance
New Caledonia or French Polynesia. These territories have the power to regulate
access to natural resources (exploration of the continental shelf, exploitation). This
trend, which is confirmed by recent transfers of State competence, is set to become
more marked based on the control, by these territories, of their development. This
movement could, in the long run, also be implemented for overseas territories which
are thought to still be placed under State competence for the definition of rules relating to exploration of the continental shelf and exploitation of natural resources.
The Area is legally defined in the first lines of the UNCLOS Convention as the
seabed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction. Activities in the Area means all activities of exploration for, and exploitation
of, the resources of the Area. The Area and its activities are placed under the responsibility of an organisation specially established by UNCLOS, the International
Seabed Authority (ISA), of which France is a member following its ratification of
UNCLOS in 1996.
The legal framework for activities relating to mineral resources in the Area is
provided by Part XI of UNCLOS, and by Annex III on “Basic conditions of prospecting, exploration and exploitation”. Part XI is institutional in that it outlines the
ISA’s decision-making mechanisms and details its composition with three principal
organs, the Council, the Legal and Technical Commission (LTC) and the Secretariat. It is through the interaction of these organs that the texts that will make up
the Mining Code are elaborated and adopted.
Regulations
The first regulations adopted were the Regulations on Prospecting and Exploration for Polymetallic Nodules in the Area in July 2000. In May 2010, the Regulations for Prospecting and Exploration of Polymetallic Sulphides were adopted.
The regulations have points in common which draw upon the main elements of the
1 Study Summary
Institution of the Continental Shelf
The advantage of the institution of the continental shelf is to recognise the State’s
exclusive exercise of sovereign rights for the exploration and exploitation of its
natural resources. Article 77 of UNCLOS outlines the extent and nature of these
rights. Two points are worth mentioning: firstly, the exclusive nature of these rights
means 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. This demonstrates the strategic importance underlying the
sovereign rights expected of the extension of the continental shelf. The second point
confirms and supports the previous point in that the sovereign rights do not depend
on effective occupation or on any express proclamation.
It is within this context that the Continental Shelf Act of 31st December 1968
(and its implementing decrees) introduced the national legal system serving as a basis for access to marine mineral resources. Considerable developments have come
about in the case of French overseas territories with a specific status, for instance
New Caledonia or French Polynesia. These territories have the power to regulate
access to natural resources (exploration of the continental shelf, exploitation). This
trend, which is confirmed by recent transfers of State competence, is set to become
more marked based on the control, by these territories, of their development. This
movement could, in the long run, also be implemented for overseas territories which
are thought to still be placed under State competence for the definition of rules relating to exploration of the continental shelf and exploitation of natural resources.
The Area is legally defined in the first lines of the UNCLOS Convention as the
seabed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction. Activities in the Area means all activities of exploration for, and exploitation
of, the resources of the Area. The Area and its activities are placed under the responsibility of an organisation specially established by UNCLOS, the International
Seabed Authority (ISA), of which France is a member following its ratification of
UNCLOS in 1996.
The legal framework for activities relating to mineral resources in the Area is
provided by Part XI of UNCLOS, and by Annex III on “Basic conditions of prospecting, exploration and exploitation”. Part XI is institutional in that it outlines the
ISA’s decision-making mechanisms and details its composition with three principal
organs, the Council, the Legal and Technical Commission (LTC) and the Secretariat. It is through the interaction of these organs that the texts that will make up
the Mining Code are elaborated and adopted.
Regulations
The first regulations adopted were the Regulations on Prospecting and Exploration for Polymetallic Nodules in the Area in July 2000. In May 2010, the Regulations for Prospecting and Exploration of Polymetallic Sulphides were adopted.
The regulations have points in common which draw upon the main elements of the