United Nations Convention on the Law of the Sea 36

United Nations Convention on the Law of the Sea

 

Article 71
Non-applicability of articles 69 and 70

The provisions of articles 69 and 70 do not apply in the case of a coastal
State whose economy is overwhelmingly dependent on the exploitation of the
living resources of its Exclusive Economic Zone .

Article 72
Restrictions on transfer of rights

1. Rights provided under articles 69 and 70 to exploit living resources
shall not be directly or indirectly transferred to third States or their
nationals by lease or licence, by establishing joint ventures or in any
other manner which has the effect of such transfer unless otherwise agreed
by the States concerned.
2. The foregoing provision does not preclude the States concerned from
obtaining technical or financial assistance from third States or
International Organizations in order to facilitate the exercise of the
rights pursuant to articles 69 and 70, provided that it does not have the
effect referred to in paragraph 1.

Article 73
Enforcement of laws and regulations of the coastal State

1. The coastal State may, in the exercise of its sovereign rights to
explore, exploit, conserve and manage the living resources in the exclusive
economic zone, take such measures, including boarding, inspection, arrest
and judicial proceedings, as may be necessary to ensure compliance with the
laws and regulations adopted by it in conformity with this Convention.

2. Arrested vessels and their crews shall be promptly released upon the
posting of reasonable bond or other security.

3. Coastal State penalties for violations of fisheries laws and regulations
in the Exclusive Economic Zone may not include imprisonment, in the absence
of agreements to the contrary by the States concerned, or any other form of
corporal punishment.

4. In cases of arrest or detention of foreign vessels the coastal State
shall promptly notify the flag State, through appropriate channels, of the
action taken and of any penalties subsequently imposed.

Article 74
Delimitation of the exclusive economic zone between States
with opposite or adjacent coasts

1. The delimitation of the exclusive economic zone between States with
opposite or adjacent coasts shall be effected by agreement on the basis of
international law, as referred to in Article 38 of the Statute of the
International Court of Justice , in order to achieve an equitable solution.

2. If no agreement can be reached within a reasonable period of time, the
States concerned shall resort to the procedures provided for in Part XV.

3. Pending agreement as provided for in paragraph 1, the States concerned,
in a spirit of understanding and co-operation, shall make every effort to
enter into provisional arrangements of a practical nature and, during this
transitional period, not to jeopardize or hamper the reaching of the final
agreement. Such arrangements shall be without prejudice to the final
delimitation.

4. Where there is an agreement in force between the States concerned,
questions relating to the delimitation of the exclusive economic zone shall
be determined in accordance with the provisions of that agreement.

Article 75
Charts and lists of geographical co-ordinates

1. Subject to this Part, the outer limit lines of the exclusive economic
zone and the lines of delimitation drawn in accordance with article 74
shall be shown on charts of a scale or scales adequate for ascertaining
their position. Where appropriate, lists of geographical co-ordinates of
points, specifying the geodetic datum, may be substituted for such outer
limit lines or lines of delimitation.

2. The coastal State shall give due publicity to such charts or lists of
geographical co-ordinates and shall deposit a copy of each such chart or
list with the Secretary-General of the United Nations.

PART VI

Continental Shelf

Article 76
Definition of the Continental Shelf

1. The continental shelf of a coastal State comprises the sea-bed 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.

2. The continental shelf of a coastal State shall not extend beyond the
limits provided for in paragraphs 4 to 6.

3. The continental margin comprises the submerged prolongation of the land
mass of the coastal State, and consists of the sea-bed and subsoil of the
shelf the slope and the rise. It does not include the deep ocean floor with
its oceanic ridges or the subsoil thereof.

4. (a) For the purposes of this Convention, the coastal State shall
establish the outer edge of the continental margin wherever the
margin extends beyond 200 nautical miles from the baselines from
which the breadth of the territorial sea is measured, by either:
(i) a line delineated in accordance with paragraph 7 by reference to
the outermost fixed points at each of which the thickness of
sedimentary rocks is at least 1 per cent of the shortest distance
from such point to the foot of the continental slope; or
(ii) a line delineated in accordance with paragraph 7 by reference to
fixed points not more than 60 nautical miles from the foot of the
continental slope.
(b) In the absence of evidence to the contrary, the foot of the
continental slope shall be determined as the point of maximum change
in the gradient at its base.

5. The fixed points comprising the line of the outer limits of the
continental shelf on the sea-bed, drawn in accordance with paragraph 4
(a)(i) and (ii), either shall not exceed 350 nautical miles from the
baselines from which the breadth of the territorial sea is measured or
shall not exceed 100 nautical miles from the 2,500 metre isobath, which is
a line connecting the depth of 2,500 metres.

6. Notwithstanding the provisions of paragraph 5, on submarine ridges, the
outer limit of the continental shelf shall not exceed 350 nautical miles
from the baselines from which the breadth of the territorial sea is
measured. This paragraph does not apply to submarine elevations that are
natural components of the continental margin, such as its plateaux, rises,
caps, banks and spurs.

7. The coastal State shall delineate the outer limits of its continental
shelf, where that shelf extends beyond 200 nautical miles from the
baselines from which the breadth of the territorial sea is measured, by
straight lines not exceeding 60 nautical miles in length, connecting fixed
points, defined by coordinates of latitude and longitude.

8. Information on the limits of the continental shelf beyond 200 nautical
miles from the baselines from which the breadth of the territorial sea is
measured shall be submitted by the coastal State to the Commission on the
Limits of the Continental Shelf set up under Annex II on the basis of
equitable geographical representation. The Commission shall make
recommendations to coastal States on matters related to the establishment
of the outer limits of their continental shelf. The limits of the shelf
established by a coastal State on the basis of these recommendations shall
be final and binding.

9. The coastal State shall deposit with the Secretary-General of the United
Nations charts and relevant information, including geodetic data,
permanently describing the outer limits of its continental shelf. The
Secretary-General shall give due publicity thereto.

10. The provisions of this article are without prejudice to the question of
delimitation of the continental shelf between States with opposite or
adjacent coasts.

Article 77
Rights of the coastal State over the continental shelf

1. The coastal State exercises over the continental shelf sovereign rights
for the purpose of exploring it and exploiting its natural resources.

2. The rights referred to in paragraph 1 are exclusive in the sense 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.

3. The rights of the coastal State over the continental shelf do not depend
on occupation, effective or notional, or on any express proclamation.

4. The natural resources referred to in this Part consist of the mineral
and other non-living resources of the sea-bed and subsoil together with
living organisms belonging to sedentary species, that is to say, organisms
which, at the harvestable stage, either are immobile on or under the
sea-bed or are unable to move except in constant physical contact with the
sea-bed or the subsoil.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

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