COMPLICATIONS IN DELIMITING THE OUTER CONTINENTAL SHELF Ron Macnab Geological Survey of Canada (Retired)
DISCLAIMER The contents of this presentation are the author s personal views only, and do not represent the opinion of any government or agency.
COMPLICATIONS Scientific Data acquisition Data interpretation Conflicting views and findings Procedural Ratifications Submission deadlines CLCS timeline Administrative Boundary negotiations Deferred policies and decisions International Interests of other states Marine scientific research
COMPLICATIONS Scientific Data acquisition Data interpretation Conflicting views and findings Procedural Ratifications Submission deadlines CLCS timeline Administrative Boundary negotiations Deferred policies and decisions International Interests of other states Marine scientific research
NATURAL PROLONGATIONS IN THE ARCTIC OCEAN Russia Mendeleev Ridge Lomonosov Ridge Chukchi Borderlands Alpha Ridge Canada
THE ARCTIC OCEAN: MORPHOLOGICAL BREAKS IN NATURAL PROLONGATIONS
THE INTERNATIONAL BATHYMETRIC CHART OF THE ARCTIC OCEAN (IBCAO) Launched in 1997 in anticipation of UNCLOS Article 76, it is now the standard portrayal of seabed relief in the Arctic
A SEGMENT OF THE LOMONOSOV RIDGE, AS SEEN IN NEW AND OLD MAPS IBCAO (2001) GEBCO (1979)
DATA POINTS USED IN CONSTRUCTING THE INTERNATIONAL BATHYMETRIC CHART OF THE ARCTIC OCEAN (IBCAO) Depth values acquired along ship tracks and extracted from handdrawn isobaths. Note relative scarcity over the central ocean basin
CANADA S UNCLOS MAPPING IN THE CENTRAL ARCTIC OCEAN
US UNCLOS MAPPING IN THE CENTRAL ARCTIC OCEAN CCOM/JHC, UNH
VOYAGE TO THE FOOT OF THE SLOPE
USGS GAS & OIL ASSESSMENT
COMPLICATIONS Scientific Data acquisition Data interpretation Conflicting views and findings Procedural Ratifications Submission deadlines CLCS timeline Administrative Boundary negotiations Deferred policies and decisions International Interests of other states Marine scientific research
THE UNSYNCHRONIZED TIME FRAMES OF ARTICLE 76 PROGRAMS IN THE ARCTIC 12 O clock: Year of Submission
SUBMISSIONS AND PRELIMINARY INFORMATION: STATUS ON MAY 13, 2009 Submissions delivered to CLCS 50¹ Recommendations adopted by CLCS 8 Submissions in hand & awaiting CLCS assessment 42¹ Preliminary Information delivered to CLCS 41² Prospective submissions (pending deadlines) 10 Possible submissions (pending ratification and deadlines) 6 TOTAL OF ALL POTENTIAL SUBMISSIONS 99 ¹ Whole, partial and joint submissions ² Multiple renderings from some countries
PROJECTED COMPLETION OF ARTICLE 76 PROCESS, WORLDWIDE Updated from 2007 assessment, assuming 99 submissions* after May 13, 2009 Number of submissions assessed per year Required duration of CLCS sessions per year, in weeks Projected year of completion 2 (current rate) 9 2059 4 18 2034 8 36 2022 * All anticipated submissions, including those indicated by preliminary information
DELAYED COMPLETIONS: IMPLICATIONS For SPLOS and DOALOS Financing Commissioners emoluments and expenses By the UN? By sponsor states? Providing DOALOS with staff and technical resources Dealing with Commissioners other obligations For submitting states Deferring shelf-related decisions Bilateral boundary resolutions Resource exploitation Maintaining legal and technical teams on standby basis Coping with new developments that could alter outer limits
COMPLICATIONS Scientific Data acquisition Data interpretation Conflicting views and findings Procedural Ratifications Submission deadlines CLCS timeline Administrative Boundary negotiations Deferred policies and decisions International Interests of other states Marine scientific research
RUSSIA S DIVE BENEATH THE NORTH POLE: A DEMONSTRATION OF TECHNOLOGICAL PROWESS Photo: Anatoly Sagalevitch and Sea Technology Magazine
PARTITIONING THE OUTER CONTINENTAL SHELF: TWO PRIOR OBSERVATIONS This is not a technical issue it requires decisions and actions at political and diplomatic levels Various approaches are possible, but just two hypothetical geometric options will be considered here: Sector lines - meridians converging at the North Pole Median lines - defined by successions of points equidistant from coastlines of adjacent or opposite states
THE CENTRAL ARCTIC OCEAN: AN ENCLAVE OF COMBINED CONTINENTAL SHELVES? Prospective zone of extended sovereign rights Zones beyond coastal state jurisdiction
ZONES DEFINED WITH SECTOR LINES
ZONES DEFINED BY MEDIAN LINES
Extract from the THE ILULISSAT DECLARATION Arctic Ocean Conference at Ilulissat, Greenland, May 2008 ILULISSAT Notably, the law of the sea provides for important rights and obligations concerning the delineation of the outer limits of the continental shelf, the protection of the marine environment, including icecovered areas, freedom of navigation, marine scientific research, and other uses of the sea. We remain committed to this legal framework and to the orderly settlement of any possible overlapping claims. Google Maps
COMPLICATIONS Scientific Data acquisition Data interpretation Conflicting views and findings Procedural Ratifications Submission deadlines CLCS timeline Administrative Boundary negotiations Deferred policies and decisions International Interests of other states Marine scientific research
THE EUROPEAN UNION AND THE ARCTIC REGION European Parliament Resolution Oct 9, 2008 Concern about developments in the region Seeking EU participation Proposing treaty regime (similar to Antarctic Treaty) European Commission Report Nov 20, 2008 Concern about European security Urging coordination between EU & Arctic nations Proposing EU Arctic policy: environmental protection sustainable development multilateral governance
COASTAL STATES AND MARINE SCIENTIFIC RESEARCH Governed by Part XIII of UNCLOS Within Territorial Seas Authority to regulate, authorize, and conduct MSR Within Exclusive Economic Zones Authority to regulate, authorize, and conduct MSR Expected to grant consent to others for peaceful MSR Within Extended Continental Shelves Authority to regulate MSR, particularly concerning seabed Can withhold permission in designated areas Can impose administrative delays and constraints, potentially hampering or preventing MSR
WHY INTERNATIONAL MSR IS NEEDED IN THE ARCTIC OCEAN Arctic Ocean is still largely unknown Unique conditions = unique environment Polar night and day Seasonal ice coverage Setting is harsh yet vulnerable Potential for environmental degradation Retention and circulation of external contaminants Engine that drives global climate Issues transcend international boundaries Multinational cooperation is key to their resolution Collective action for the common good
A LEGAL IF NOT MORAL OBLIGATION TO COOPERATE IN THE ARCTIC OCEAN Part XI of UNCLOS: Cooperation among coastal states that border enclosed or semi-enclosed seas Management, conservation, exploration and exploitation of living resources Protection and preservation of the marine environment Development of policies and programs of scientific research Encouraging constructive involvement by other interested states or organizations
CAN THE PRINCIPLES OF THE ANTARCTIC TREATY SYSTEM APPLY TO THE ARCTIC? Freedom of scientific investigation and cooperation Exchange of planning information, of research personnel, and of scientific observations and results Conduct of substantial research activity such as the establishment of a scientific station, or the dispatch of a scientific expedition
CONCLUSIONS Complications are multi-faceted and will prevail over different time frames Scientific complications (data collection and interpretation) are short-term and generally tractable Procedural complications (dealing with CLCS) will prevail over the intermediate term Administrative and international complications (resolving boundaries, addressing the interests and concerns of non-arctic states) may be the most enduring Resolution will require goodwill and cooperation among affected states
RON S RULES FOR IMPLEMENTING CONTINENTAL SHELVES AND FOR DEALING WITH THE AFTERMATH Simple precepts for building trust and goodwill 1. TALK TO YOUR NEIGHBOURS 2. LISTEN TO YOUR NEIGHBOURS 3. WORK WITH YOUR NEIGHBOURS
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