|
Mark Alcock, Geoscience Australia (Australia)
Bill Campbell, Attorney General's Department (Australia)
Todd Quinn, Department of Foreign Affairs and Trade (Australia)
Phil Symonds, Geoscience Australia (Australia)
|
|
On 9 April 2008, the Commission on the Limits of the Continental Shelf recommended an Australian entitlement to an extended continental shelf (ECS) of some 2.56 million square kilometres. On 21 April 2008, the Australian Government announced that it would move quickly to proclaim the outer limits of this continental shelf. Australia is the first country to be in a position to proclaim its ECS outer limit on the basis of the recommendations of the Commission. Australia lodged its submission with the Commission in November 2004, and was the third country to do so. Receipt of recommendations marked the culmination of a 15 year program that included eight years of marine surveys, four preparing and compiling the submission and three years of interactions with the Commission as it considered Australia's submission. During this latter phase, an Australian delegation of scientific, technical, legal and diplomatic experts engaged with the Commission over seven sessions covering complex geomorphological, geological, technical and legal issues fundamental to the application of article 76 of UNCLOS. The Commission's current approach to these issues covering a range of continental margin settings and seafloor features, has established important precedents that will give more guidance to States still preparing submissions. This is particularly so if the Commission decides to release a summary of its recommendations.
This presentation will examine a number of issues addressed by Australia's submission that may be relevant to States preparing their own submissions such as:
• What are acceptable data for defining the outer limit of the ECS;
•The relevance of morphology and geology to issues of natural and submerged prolongation, and the definition of the outer edge of the continental margin;
•The Commission's treatment of existing and potential maritime delimitations with other countries;
•The construction of the outer limit of the ECS including the definition of the 2500 m isobath used in the depth constraint and joining the outer limit to the 200 M line; and
•The application of article 76 paragraph 6 to features extending beyond 350 M, in particular to ridges and ridge-like features.
Although the Commission largely confirmed the outer limit of Australia's ECS as submitted, three areas remain to be fully resolved. At Australia's request the Commission agreed not to consider for the time being the region adjacent to the Australian Antarctic Territory. Also, the Commission felt there was insufficient evidence to justify the continental shelf created by two distinct undersea features. Australia will have the opportunity to make further submissions to the Commission in relation to these two areas.
The Commission's recommendations represent a landmark event not only for Australia but also the Commission. They demonstrate that article 76 is working and the important role of the Commission in facilitating the definition of the continental shelf beyond 200 M.
|
