State Practice on the Establishment of Multiple Maritime Boundaries: Assessing the Challenges of Separating Seabed and Water Column Boundaries Professor Clive Schofield The Australian National Centre for Ocean Resources and Security (ANCORS) Challenge Lead, Sustaining Coastal and Marine zones UOW Global Challenges University of Wollongong Australia
Internal waters Territorial Sea Baseline Baselines and Maritime Zones 12 M Territorial sea Contiguous zone 12 M Continental Shelf Sea-bed, Subsoil, Sedentary Species Exclusive Economic Zone (EEZ) Water Column, Sea-bed, Subsoil 200 M (Extended Continental Shelf) High Sea The Area Sea Level Shelf Animation by Arsana & Schofield, 2012 Upper Slope Plateu or Terrace Lower Slope Rise Deep Ocean Source: TALOS Manual (5 th edition, 2014)
Global Maritime Jurisdiction Source: Global Maritime Boundaries Database Source: CIA
Implications of Extended Maritime Claims Extended maritime claims 200 nautical mile claims = 147km 2 million (43nm 2 million) 41% of the area of the oceans 19% of Earth s surface Proliferation in the number of new potential maritime boundaries Less than 50% delimited A young process Many agreements only partial Continental shelf delimitations prior to the introduction of the EEZ Trend towards upgrading continental shelf boundaries to single maritime boundaries
Ireland-UK Continental shelf delimitation (1988) staircase effect Problematic to upgrade to a single maritime boundary? Source: International Maritime Boundaries
Ireland-UK UK-France, UK-Ireland grey zone arrangements Operational understandings enforcement Longstanding navy-tonavy cooperation in place Common fisheries context Source: UKHO
Fishery Grey Zones Ireland UK France Source: UKHO
Ireland-UK (2013) Conversion of continental shelf boundary to EEZ delimitation Minor adjustments along the line Exchange of equivalent areas and equivalent potential for exploitation
Continental Shelf/EEZ Delimitation LOSC Articles 74 and 83 1. The delimitation of the continental shelf (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. The equitable principles/relevant circumstances rule
Minimal Guidance? The delimitation provisions in the Convention have been termed: a last minute endeavour to get agreement on a very controversial matter and therefore consciously designed to decide as little as possible (Eritrea/Yemen Arbitral Tribunal, 1999)
EEZs and the Decline of Geophysical Factors LOSC led to a significant shift away natural prolongation arguments Introduction of the EEZ: seabed rights to 200nm Libya-Malta case (1985): the geological and geomorphological characteristics of those areas...are completely immaterial (Libya/Malta Case, para.39). Some claims persist (e.g. Australia, China, Korea) Source: Limits in the Sea
Methodology Any method of boundary delimitation is acceptable with the support of the parties, even if inconsistent with other approaches as long as the interests of third parties are not infringed Clear that one method has been used far more than any other: equidistance Emergence of a three-stage approach Provisional line constructed on the basis of equidistance
Timor Sea Delimitations Impact of Timor Trough on location of Australia- Indonesia continental shelf boundary of 1972 1981 Provisional fisheries arrangement 1997 Perth Treaty (EEZ)
Source: Geoscience Australia Timor Sea Boundary Arrangements
Source: Geoscience Australia Maritime Delimitation in the Torres Strait
Source: Geoscience Australia
Practical Challenges of Separate Boundaries Non-coincident continental shelf and water column boundaries raise problematic issues concerning the management of: Tensions between resource rights Installations and structures Marine environmental protection Marine scientific research Example: If Australia is to access and develop resources in its continental shelf overlain by Indonesian EEZ it will necessarily impair Indonesia s rights
Problematic Fisheries Enforcement Issues In April 2008 the Australian Fisheries Management Authority (AFMA) apprehended 33 Indonesian fishing vessels suspected of illegal fishing off northern Australia 9 of the vessels (& 55 crew) involved had NOT been illegally fishing (N. of provisional fisheries enforcement/eez line and not fishing for sedentary species) Compensation paid and crews returned to Indonesia
Multiple Maritime Boundaries Certainly possible but practice limited Potentially problematic to implement Strong trend towards single maritime boundaries Not always possible Multiple boundaries are better than none! Potential for increasing practice Challenges associated with separate seabed and water column boundaries can be overcome: context of a complex, multi-zonal system increasing intensity and diversity of marine activities enhanced use of tools such as marine spatial planning