SVKM’s

JITENDRA CHAUHAN COLLEGE OF LAW

PUBLIC INTERNATIONAL LAW AND HUMAN

RIGHTS

CONTINENTAL SHELF: DEVELOPMENT,

EXTENT AND ITS RIGHTS.

SUBMITTED BY: NIRAV HITESH DOSHI

T.Y.LL.B
Academic Year: 2021 – 2022

ROLL NO: D-189

SUBJECT: PIL AND HUMAN RIGHTS
SEMESTER: V

SUBMITTED TO:

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 ACKNOWLEDGEMENT

I record my deep sense of obligation and gratitude to the Professors of Jitendra Chauhan
College of Law, Mumbai, for their constant guidance and persistent encouragement in the
preparation of this humble research. It is my pious duty to express my deep obligation
towards my respected teacher’s for their kindness, grace and many sided benevolences.

I am deeply indebted to all Indian and foreign writers and judges whose writings and
decision have been duly cited in this work and have given me inspiration and light for
preparing this work. I acknowledge my gratitude to those authors also, whose works, though
might not have been citied in this research, and helped me enormously in formulating my
views and enriching my thoughts.

I extend my cordial gratitude to my parents and all family members.

I express my gratitude to the Librarian and all other staff member of Law Library of
Jitendra Chauhan College of Law, Mumbai, for their Co-operation.

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 Table of Contents
INTRODUCTION..............................................................................................4
CONTINENTAL SHELF..................................................................................4
HISTORICAL DEVELOPMENT OF CONTINENTAL SHELF.................6
WHY CONTINENTAL SHELF IS INCLUDED IN INTERNATIONAL
LAW?...................................................................................................................8
RIGHTS AND NATURE OF CONTINENTAL SHELF................................9
CONVENTIONS ON CONTINENTAL SHELF...........................................11
INDIAN POSITION ON CONTINENTAL SHELF.....................................11
CASE LAW.......................................................................................................11
CONCLUSION.................................................................................................12
BIBLIOGRAPHY.............................................................................................13

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INTRODUCTION
A continental shelf is the edge of a continent that lies under the ocean which extends from
the coastline of a continent to a drop-off point called as shelf break. A continental shelf holds
a great significance for any coastal state because of the fact that it holds many vital natural
resources.

As a consequence, there has been a need for the development of law at the international level
relating to continental shelf or otherwise different countries of the world might have
occupied large portions of the sea-bed and incorporated them into their territory.
Accordingly, continental shelves have been included under International law which confirms
as well as delimits each coastal state’s right to explore and exploit the natural resources of
continental shelf.

The two conventions, namely, the Geneva Convention, 1958 and the U.N. Convention on the
Law of the Sea, 1982 (UNCLOS) have played the fundamental role in the shaping of
International law with respect to continental shelves. And the U.N. Convention on the Law
of the Sea is also the present law on this point, regulating the exploration and exploitation of
natural resources of continental shelves.

CONTINENTAL SHELF
 Meaning of Continental Shelf:

Shelf seas occupy about 7% of the area of the world’s oceans but their economic importance
is significantly greater. A continental shelf is the edge of a continent that lies under the
ocean. A continental shelf extends from the coastline of a continent to a drop-off point called
the shelf break. From the break, the shelf descends toward the deep ocean floor in what is
called the continental slope. The continental shelf is an important maritime zone, one that
holds many resources and vital habitats for marine life. The majority of the world’s
continental shelf is unknown and unmapped.1

The term Continental Shelf first used in 1887 by Hugh Robert Mill. The Continental Shelf is
the gently sloping undersea plain between a continent and the deep ocean. The continental
shelf is an extension of the continent’s landmass under the ocean.2
1
https://www.boem.gov/renewable-energy/renewable-energy-program-overview

2
https://education.nationalgeographic.com/education/encyclopedia/continental-shelf/

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  Formation of Continental Shelf:
Over many millions of years, organic (remains of plants and animals) and inorganic
(sediments) materials formed continental shelves. Continental shelves external link was
formed in between glacial periods as the ocean flowed over the continents forming shallow
areas along the coasts. About 18,000 years ago, during the height of the Pleistocene ice ages
external link, much of what is now a continental shelf was actually above water. During
interglacial periods, like today, the shelf is submerged under relatively shallow waters. The
waters of the continental shelf are rarely more than 500 feet deep, compared to the open
ocean which can be miles deep. Much of the continental shelf was exposed dry land during
glacial periods.

 Definition:
Article 1 of the Convention on the Continental Shelf, 1958, 3 defined the shelf based on its
exploitability instead of depending upon the conventional geological definition, which
referred to the seabed and subsoil of the submarine zones next to the coast but not within the
territorial sea that extends to a depth of 200 meters or ‘beyond that limit to where the depth
of the super jacent waters admits of the exploitation of the natural resources of the said
areas’.

It is the submarine prolongation of a coastal state’s landmass to the outer edge of the
continental margin. The continental shelf falls under the coastal state’s jurisdiction. Areas
beyond the continental margin are, however, part of the international seabed area.

 Structure of a Continental Shelf:

The structure, a continental shelf typically extends from the coast to depths of 100–200
metres (330–660 feet). It is gently inclined seaward at an average slope of about 0.1°. In
nearly all instances, it ends at its seaward edge with an abrupt drop called the shelf break.
Below this lies the continental slope, a much steeper zone that usually merges with a section
of the ocean floor called the continental rise at a depth of roughly 4,000 to 5,000 metres
(13,000 to 16,500 feet).

HISTORICAL DEVELOPMENT OF CONTINENTAL SHELF

States have always attached great importance to sea due to two important reason, namely:
3
http://www.spilmumbai.com/uploads/article/pdf/principle-of-delimitation-of-continental-shelf-areas-between-
states-23.pdf

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 1. the natural resources of the sea, and
2. from the point of view of national security.

Talking about continental shelf, it too has both the above-mentioned significance. However,
though the geographical and geological concept of continental shelf is quite an old one, the
legal concept of continental shelf was brought forward by the Gulf of Paria Treaty ,1942 and
brought into limelight by the Truman Proclamation of 1945.

The reason for the same being that the concept of continental shelf is essentially related to
the exploration of the natural resources from the sea adjacent to the territorial sea. It was
thus, not of much importance until the exploration of marine natural resources became
technically possible. Until the first quarter of the twentieth century, the submarine areas
remained widely unexplored. But due to the progress made in marine technology and the
understanding of man of the land under the oceans, the exploration of continental shelves
began and gradually enhanced to a great extent during Second World War.

Subsequently, the United Kingdom and United States, although acting independently,
initiated a new legal regime of continental shelf for the exploration of mineral and other
resources in continental shelves Their initiatives in this regard can be summarised as below:

1. The Gulf of Paria Treaty, 1942

This treaty was initiated by the United Kingdom with Venezuela. It was the first conscious
effort to establish rights or simply control over a large area of sea-bed beyond the territorial
waters, that is, continental shelf. In 1936, the Foreign Office of the United Kingdom
instructed its embassy in Venezuela to negotiate with the host government in order to arrive
at an agreement to delimit the sea-bed and sub-soil of the Gulf of Paria whichis surrounded
by the coast of Venezuela and the island of Trinidad. Under it the parties agreed to recognise
each other’s rights and control which had been or might hereafter be lawfully acquired, over
the specified parts of the submarine area of the Gulf. The treaty referred solely to the
submarine areas of the Gulf and clearly mentioned that nothing in the treaty would affect the
legal status of the island, islets or rocks above the surface of the sea together with the
territorial waters thereof.

Lastly, it is worth noticing that the treaty had not used the term continental shelf nor
employed any criteria for delimiting frontiers of the annexed areas. It did not indicate the
basis on which the areas had been claimed by the parties. But from the provisions of the

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treaty, it would be inferred that the limits of territorial waters adjacent to the coast could be
acquired by occupation, provided that such occupation did not impinge upon the status of
waters above the submerged land. The treaty had thus, used the occupation-theory in support
of claiming larger areas of the sea-bed.

2. The Truman Proclamation, 1945

In 1943, the Secretary of the Interior of United States communicated to President Roosevelt
for emphasizing the importance of the continental shelf extending some 100 to 150 miles
from the shore, to the United States from the point of view of security as well as natural
resources. Accordingly, he suggested the laying of a legal regime for full appropriation of the
immense natural resources of the continental shelf. Ultimately on September 28, 1945,
President Truman signed a Proclamation on the policy of United States with respect to the
Natural Resources of the Sub- soil and Sea-bed of the continental shelf.

It laid down that the Government of the United States regards the continental shelf beneath
the high seas but contagious to the coasts as a part of the United States and thus, subject to its
jurisdiction and control. But in cases where the continental shelf extends to the shores of
another state or is shared with an adjoining state, the boundary shall be determined by the
United States and the state concerned according to equitable principles. Further it clearly
provided that the legal status of high seas and the right to their free navigation are in no way
affected by the treaty.

To sum up, like the Gulf of Paria Treaty, this Proclamation too had some inherent defects,
the major one being that it did not lay down any criteria for delimiting the frontiers of the
submerged areas, between the states concerned and the basis on which such areas could be
claimed by the parties. But a subsequent U.S. State Department press release defined
continental shelf as submarine land which is contagious to the continent and which is
covered by no more than 100 fathoms of water.

3. The Geneva Convention on Continental Shelf, 1958

Encouraged by the said treaty and proclamation certain other states made similar
proclamations, for example, Mexico in 1945, Argentina in 1945, Chile in 1947 and Peru, etc.
These proclamations necessitated that a definite shape and form should be given to the
International Law relating to the continental shelf as it was feared that in the absence of
definite International Law on the point different countries of the world might occupy large

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portions of the sea-bed and incorporate them into their territory. Thus, in order to develop,
codify and enforce definite rules of International Law relating to continental shelf and other
aspects of the law of sea a conference was called at Geneva in 1958 and as a consequence a
convention called as the Convention of Continental Shelf, 1958 was adopted.

Stating briefly, apart from defining and delimiting the boundaries of a continental shelf, the
Geneva Convention through its various provisions seeks to establish a balance between the
rights of the coastal states over their continental shelf and those of other states making use of
the high seas for the purpose of navigation, fishing, etc. with a view to avoid or minimise the
conflicts arising out of the competing use of the sea. It does not confer any rights on the other
states but it requires the latter to ensure certain facilities to the former in connection with free
navigation, fishing, laying of submarine cables on the continental shelf and conducting
scientific research into the biological or physical characteristics of the continental shelf.

WHY CONTINENTAL SHELF IS INCLUDED IN INTERNATIONAL

LAW?
The continental shelf, in its geological sense, is very un-equally distributed around the
continent. The importance of the continental shelf and the necessity for a special legal regime
applicable to it, did not, however, become apparent until the question of the nature and extent
of the coastal state’s rights to explore and exploit the natural resources of the continental
shelf was given a new urgency by the discovery in the subsoil of the sea-bed of a mineral
source of wealth, namely petroleum. Furthermore, through advances in engineering and
scientific research, the submarine oil bearing strata became capable of exploitation and
exploration by means of devices operating from the sea-bed of the high seas. As the
importance of continental shelf was of national importance in arena of legal, geographical,
social and economic, it was included in the international law.4

Reason for not taking a fixed limit of continental shelf:

International Law Commission stating that the reason for its not adopting a fixed limit for the
continental shelf (this limit being determined by the depth of the superjacent waters or, to be
more exact, by a depth of two hundred meters) “coincides exactly with that at which the
continental shelf, in the geological sense, generally comes to an end” is that “such a limit
would have the disadvantage of instability.” “Technical developments in the near future,” the
Commission continued, “might make it possible to exploit the resources of the seabed at a
4
http://www.jstor.org/stable/pdfplus/743233.pdf?acceptTC=true&acceptTC=true&jpdConfirm=true

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depth of over two hundred meters.” Therefore, the extent is not limited to 200km nautical
miles.

RIGHTS AND NATURE OF CONTINENTAL SHELF

The waters above the continental shelves are of great importance for navigation and
fisheries. Maritime shipping must of necessity use these waters. Because of the shallowness
of the water fish are abundant and accessible. Submarine cables for communications might
be laid on the sea-bed.

International law, both through treaty and customary usage, confirms each coastal state’s
right to explore and exploit the natural resources of its continental shelf. The concept of the
continental shelf is a datum of nature presented as a medium for juridical technique; it tends
to justify State jurisdiction over the exploration and exploitation of the natural resources of
the bed and the subsoil of certain areas of the high seas. It is, however, incontestable that the
right to exploit certain natural resources of the sea-bed and subsoil, such as pearls, corals,
sponges, amber and chank, did come to be regarded as the monopoly of the coastal state if it
chose to exploit them.

Proper characterization of continental shelf rights acquired under international law will also
assist in treaty negotiations and in resolution of disputes among nations. Petroleum reservoirs
straddling international boundaries provide perhaps the best illustration. Whether one coastal
state can legitimately complain if an adjacent state extracts all the oil or gas from a reservoir
which extends to its continental shelf depends upon the nature and extent of the rights of that
state under international law.

 Rights of Coastal States

The area of continental shelf cannot be appropriated by the States, and therefore, States
cannot exercise sovereignty over this state. They may exercise sovereignty rights to explore
and exploit mineral, non-living resources of the sea-bed and subsoil and they are required to
make payments or contributions annually with respect to all production at a site after the
first–five years of production at that site. The rate shall increase by 1 per cent of the value for
each subsequent year until twelfth year and shall remain at 7 percent thereafter. If coastal
states does not explore or exploit shelf resources no other state may undertake these activities
without its express consent. However, “The rights of the coastal State over the continental

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shelf do not affect the regime of freedom of navigation on the high seas or that of the
airspace above the superjacent waters or the Epicontinental Sea.”

 Rights of Other States in The Continental Shelf-

Other states have been given a few rights over the continental shelf. They are entitled to lay
submarine cables and pipelines on the continental shelf with the consent of continental shelf.
The coastal state may impose conditions for cables or pipelines.

 Indian Position on Continental Shelf

Indian position on continental shelf has been made clear under Section 6 of the Maritime
Zones Act of 1976.Part 1 of the section lays down that, “the seabed and subsoil of the
submarine areas adjacent to the coast but outside the area of the territorial sea, to a depth of
200 meters, or, beyond that limit, to where the depth of the super jacent waters admits of the
exploitation of the natural resources of the said areas”. The Act also lay down under section
6, Para 3 that “the Union has:

1. Sovereign rights for exploration, exploitation, conservation, and management of all

resources;
2. Exclusive rights and jurisdiction for the construction, maintenance or operation of
artificial Islands, off-shore terminals, installations and other structures and devices
necessary for the continental shelf or for convenience of shipping or for any other
purpose.
3. Exclusive jurisdiction to authorize, regulate and control scientific research
4. Exclusive jurisdiction to preserve and protect the marine environment and to prevent
and control marine pollution”.

Continental Shelf and North Sea Continental Shelf:

The International Court of Justice declared the issues relating to continental shelf in a
different way. It was held that the rights of the coastal state in respect of the area of
continental shelf that constitutes a natural prolongation of its land territory into and under the
sea exist ipso facto and ab initio, by virtue of its sovereignty over the land, and as an
extension of it, as an exercise of sovereign rights of the purpose of exploring the sea-bed and
exploiting its natural resources. Hence, there is an inherent right.

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CONVENTIONS ON CONTINENTAL SHELF
The concept of continental shelf acquired its importance when it was propounded by US
President True man on September 28, 1945.While nations over the centuries have
alternatively made expansive and narrow claims to the seas beyond their coasts, the origin of
the modern doctrine is often said to be the Truman Proclamation of 1945, by which President
Truman proclaimed:

“ Having concern for the urgency of conserving and prudently utilizing its natural resources,
the Government of the United States regards the natural resources of the subsoil and seabed
of the continental shelf beneath the high seas but contiguous to the coasts of the United
States as appertaining to the United States, subject to its jurisdiction and control.”

India claimed for the first time in 1955.It took less than thirteen years to accept the concept
of extension of sovereignty powers over continental shelf.

INDIAN POSITION ON CONTINENTAL SHELF

The Maritime Zones Act, states the Indian position. India has proclaimed 200 nautical miles
from the baselines as its continental shelf. The rights and duties of Indian in this regime are
similar to other States, as specified in the international Conventions. However, the
government can declare the area of the continental shelf and its superjacent waters as
designated areas and make provisions for regulating it.5

CASE LAW
 S.S Lotus case (France Vs. Turkey, 1927)

FACT:
In 1925, after Mustapha Kemal pasha started liberalising the Turkish economy, Turkey
started to expand the trade abroad with other countries. Unfortunately, a French vessel S.S
lotus and Turkish ship S.S Bozkurt collided, because of which the Turkish ship damaged and
killed 8 Turkish Nationals on board of Turkish vessel. The remaining survivors of the
Turkish ship were taken to Turkey onboard S.S lotus.

In Turkey, the captain of the French ship, and the first watch officer, Monsiver Demons,
were charged with manslaughter and Demons was sentenced to imprisonment and fine. The
French government demanded the release of Monsieur Demons and the transfer of his case to

5
https://www.legalbites.in/ -continental-shelf/

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the French Court. Turkey and France agreed to refer the dispute to the PCIJ(Permanent Court
of International Justice).

JUDGMENT:

The French and the Turkish government were strongly blaming each other and Monsieur
Demons was being charged by the Turkish government of knowingly causing the accident.
The French government further contended that only they have a right to trial the individual
because the incident involved a French ship and a French National.

The PCIJ held that Turkey had violated no norms of International Law by instituting a case
against Monsieur Demons and also had no rights to prosecute him.

After this judgement, there was a huge criticism and after the formation of the United Nation,
certain changes were brought in the Flag State rule.6

FLAG STATE RULE:

For legal purposes, a vessel, ship, aircraft, the submarine has to be registered in a particular
country, and for all practical purposes, it must fly or display the flag of the registered
country.

The Flag State rule is applicable for both military and commercial ships, also for all kinds of
oil tanks and even cruise ships.

CONCLUSION
Continental shelf seas – the marginal seas adjacent to the land – are the region where
humanity predominantly interacts with the sea. Shelf seas occupy about 7% of the area of the
world’s oceans but their economic importance is significantly greater and the social
importance of shelf seas complements their economic value because the seas provide the
main source for livelihood and a focus for many coastal communities. Development of
natural resources of the continental shelf without being detrimental to competing policies
should be made and its acceptance should be encouraged as a principle of international law.
One means of achieving this will be to keep constantly in mind the two guiding principles
formulated in 1950 by the International Law Commission of the United Nations: (1) to
encourage the exploitation of the natural resources which the continental shelf offers to
mankind, since it is estimated to constitute more than seven per cent of the world’s sea areas;
6
https://www.casebriefs.com/blog/law/international-law/international-law-keyed-to-damrosche/chapter-2/the-
case-of-the-s-s-lotus-france-v-turkey/

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(2) to avoid the imprisonment of legal thought within a rigid and formalistic conception of
the doctrine of the freedom of the seas. Therefore, the characterization of the rights of a
coastal state to continental shelf natural resources as real property rights is a well-developed
doctrine.

BIBLIOGRAPHY
BOOKS:

WEBSITES:

 https://www.boem.gov/renewable-energy/renewable-energy-program-overview
 https://education.nationalgeographic.com/education/encyclopedia/continental-shelf/
 https://www.ncertbooks.guru/llb-books/
 http://www.legalserviceindia.com/article/
 https://www.casebriefs.com/blog/law/international-law/

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