| The1982United Nations Convention on the Law of the Sea (hereinafter:the1982Convention) establishes a comprehensive framework for addressing the issues implicated in the uses of ocean space. It represents both a codification of the international law and the combination with the natural scientific technology and legal principles. The1982Convention contains17parts,320articles,9annexes and a Finial Act. The focus of this thesis is on the part of continental shelf, including article76to article85, annex Ⅱ (regarding the Commission on the Limits of the Continental Shelf) and annex Ⅱ of the Final Act (which contains a statement of understanding concerning a specific method to be used in establishing the outer edge of the continental margin in very unusual circumstances). Specifically, in article76.1, the definition of natural prolongation is put forward as the vital factor of marine entitlement and marine delimitation, which includes various geological properties obviously. It has been controversial in the international society on how to weigh it, as well as the geological influence under different geological contexts. Therefore, this thesis finds out how the conception of natural prolongation is built and what kinds of geological factors are necessary to be considered through focusing on the historical evolution of the international law and then the marine law. Furthermore, this thesis makes sure the different roles of natural prolongation under different geological backgrounds on marine entitlement and marine delimitation through the collection and analysis of submitted delimitation cases. As a conclusion, it can be proved that natural prolongation has dual properties (legal nature and geological nature), meanwhile, cannot be ignored in marine entitlement and marine delimitation.The main achievements of this thesis are in following:1. Sufficient evidence on the necessity of the geological factors on marine delimitation through the historical evolution of natural prolongation under the codification of the marine law.Natural Prolongation is a vital conception with a long historical evolution of marine law. It cannot be ignored or rounded in the process of marine delineation. In this historical evolution, there are three stages:(ⅰ) before the North Sea Continental Shelf cases, all assertions to continental shelf rights, especially the Truman Proclamation, focused on a new expansion in coastal State maritime jurisdictions and created a requirement for the continental shelf regime. This legal regime was established at the69th meeting in1950by the International Law Commission. Ultimately, as the end of the first stage the1958Convention on the Continental Shelf defined the term continental shelf by depth and exploitability criteria;(ⅱ) North Sea Continental Shelf cases marks the second stage for the outer continental shelf right. As an essentially advisory opinion, the International Court of Juristic comments considered that the equidistance principle was not appropriate as the only basis for maritime delimitation, which would lead to an inequitable result. In order to achieve an equitable result, many States began to focus on special circumstances, which had not been systematic and classified at that time;(ⅲ) the cases between1969and1985demonstrated the inquiry of geophysical appurtenance of the continental shelf as the starting point in the third stage of the continental shelf development. There were varieties of geological factors in these cases, such as various kinds of ridges, the scale and depth of faults and submarine troughs. As a significant progress on the definition of the continental shelf in the1982Convention, natural prolongation, as a principal conception in Article76(1) in the chart of continental shelf. Compared to the1958Convention, the1982Convention directly raised the concept of the natural prolongation, which is based on the definition of the continental shelf in the legal sense in paragraph1-2in Article76. As the term in the legal sense, the continental shelf is divided into two parts.The first part is within200nm from the baseline and the1982Convention recognizes the application of distance rule and removes the geophysical components in the definition of the continental shelf. In fact, there is no necessary attribute of the natural prolongation for the entitlement in this area and the actual distance of the so-called inner continental shelf is188nm from territory sea seaward to the200nm line from baseline and overlapping with the EEZ. There are two different regimes in overlapping areas actually and they are the exclusive economic zone regime (in Chapter Five of the1982Convention) and the continental shelf regime (in Chapter Six of the1982Convention). What has been proved in this thesis is that in many submitted cases, the EEZ regime overweighed the continental shelf even in opinion of the International Court of Juristic and the Commission. Actually, by contrast, they should be treated equally according to the1982Convention.The second part is the outer continental shelf beyond200nm which is based upon the physical characteristics of the seabed and subsoil and depends on natural prolongation. After putting forward natural prolongation in definition of continental shelf, there is new relationship between legal provisions and geo-science. According to the provisions in the1982Convention, there are both geomorphologic and geological features for this definition; for instance, one of them is the plate nature. Definitely, the entitlement depends on the natural prolongation, namely that the outer continental shelf depends on it. In order to elaborate the relationship with the natural prolongation with the boundary delimitation, there are three maps with hypothetic-geographical settings, which are supposed to be representative of the majority coastal States delimitation.2. Natural prolongation has been proved to be a prerequisite and vital conception in article76.1to article76.6in the1982Convention from the scientific respect. There is a main view on the meaning of natural prolongation in article76.1in the1982Convention among the western researchers, namely only a substitute without any potential related factors. In this thesis, it can be proved that article76.1is the vital and essential principle in Chapter Six and also the basis of the following five articles. Meanwhile, natural prolongation is a concentrated limitation where marine entitlement and delimitation are facing different submarine geological contexts in the book named’continental shelf limits-the scientific and legal interface.’According to article76.2to article76.6, there are two main geological backgrounds: the ordinary (ideal) submarine topography (Article76(3)-(5)) and special ones (Article76(6)).3. The conclusion has been expected on different influence and analysis of natural prolongation on marine entitlement and delimitation. According to the cases discussed, concerning the role of natural prolongation on entitlement, each coastal State has the inherent right for200M continental shelf. As a legal term, natural prolongation is a basic concept for limiting the physical description beyond200M. It can be considered not only with the geomorphic prolongation, but also geological features. In this process of entitlement, submarine prominent features should be considered in order to clarify the prolongation categories. Concerning the process of marine delimitation, the prerequisite is that the legal continental shelf is the whole and integrated, no matter whether it extends beyond200M. Meanwhile, both the regimes of the EEZ and the continental shelf are equally important, which own the overlapping area within200M from the coastal State. That is, the water surface features, such as the coast configuration, the length of coastline and the economic interest cannot be ignored for the EEZ, as well as submarine features, for instance, the trench which has broken the natural prolongation for the State. However, in many delimitation cases, the factors of the EEZ have overweighed the ones of the continental shelf. Actually, both of them should be considered carefully in the process of adjustment for the provisional line as a national boundary.4. Four types of submitted delimitation cases related to the ridge and ridge-like features classified according to the consideration of the natural prolongation and influence of the marine delimitation. There are67submissions by coast States to the Commission and the proportion of cases involved ridges has reached beyond50%. The cases which claim the area of the outer continental shelf more than200,000km2all involve the ridge issues. According to these cases, there are four types of ridges/ridge-like features cases:(1) obviously, natural components of continental margin and reasonable to be entitled the outer continental shelf, such as Australia and New Zealand.(2) Independent claim for the island combined with other related factors, such as fishers and economic interests, which would make these claims more reasonable, for instance, the cases by Iceland and Cook Island.(3) Claim of ridges stands by the nature of continental crust, such as case by Republic of Seychelles and Republic of Mauritius concerning the Mascarene Plateau. Two coastal States use the geological processes to illustrate the formation of the Mascarene Plateau with continental crust in order to get the outer continental shelf.(4) Ridge Jumping from the Landmass for invading and occupying neighboring State’s continental shelf area, for instance, cases by Japan. For example simply, the OGP area is considered as a prolongation from the landmass by Japan. But, actually, it is a significant break along the SN trend between two areas with the average depth of more than4000meters. Concerning to this kind of prolongation background, according to the words of the International Court in the North Sea Continental Shelf Cases mentioned on marine delimitation in the first chart, the Norwegian Trough was referred, a650meters deep break that fringed the southern and south-western coasts of Norway. Instead of pronouncing the role of this geological body, the Court stated that this trough divided the shelf area into two parts. Therefore, the underwater shelf cannot be considered to be adjacent to the Norwegian coast, nor be its natural prolongation. The trench in Japan case is much deeper than Norwegian Trough, and there is no any reason to be explained as a natural prolongation. All of these situations are named by jumping circumstances in this thesis, as improper prolongations on marine delimitation. Therefore, if there would be space for some controversies because of the indefinite principles on submarine highs and ridges in three former types, the last one has been proved for no reasonableness and obviously to be contrary to the basic principle--natural prolongation.5. Potential analysis of submarine fan as a special submarine body of sedimentary prolongation on marine delimitation, for instance, in the area named Bay of Bengal. According to the1982Convention, the depth of sediment and the trend of the slope are essential factors to be considered, which each modern submarine fan generally can change within the continental margin. Therefore, a modern submarine fan, as an independent submarine geological body is reasonable to be furthered by the scientists and jurists on marine delineation and even delimitation and some have been proved (or will be proved) to have the effect on the delineation of the outer edge of the continental margin, such as Bengal Fan, India Fan and Amazon Fan. There is still some space to consider that whether this Statement could be applied in other areas where the similar submarine geological/geomorphologic context exists. According to the analysis of three parts of a submarine fan, the gradient from the continental shelf to the continental base mostly depends on the configuration of the upper fan and the middle fan. Meanwhile, although the effect of the sediment geological origin has been refused by the Tribunal directly, there are still legal issues in geological contexts.6. According to the1982Convention, a renewed process of marine delimitation steps are proposed in this thesis and some thoughts exist compared with the approaches of the Commission. |
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