Sociology | Mercantile Law | International Law | International Relations

Article 76 of the said Convention defines Continental Shelf; “A coastal State comprises the seabed and subsoil of the submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin, or to a distance of 200 nautical miles from the baselines from which the breadth of the territorial sea is measured where the outer edge of the continental margin does not extend up to that distance”.

North Sea Continental Shelf Cases
In these landmark cases; the court made a number of important decisions which clarified the complications regarding continental shelf. It was held that; “Natural prolongation of territory into and under the sea exists ipso facto and ab initio by virtue of its sovereignty over the land”.

The justification of ‘Natural Prolongation’ carried weight and thus this theory was agreed upon by world in 3rd UN Conference on Law of Sea.

Exploration in Continental Shelf
Exploration of resources in this part is allowed to the state that owns it but without causing interference in navigation, fishing or any other oceanographic research carried out with the intention of open publication.

Delimitation of Continental Shelf by Two or More States
In such case the delimitation is to be governed by the agreement between the states and in case agreement does not exist then it has to be regulated in accordance with the ‘Principle of Equidistance’.