EMBASSY OF NICARAGUA
THEHAGUE
NICARAGUA'S COMMENTS ON COLOMBIA'SRESPONSE TO JUDGE
BENNOUNA'S QUESTION
1. Colombia makes three points in its summary response to Judge Bennouna's question,
each of which is either incorrect or misleading.
2. First, Colombia asserts that in the present case there are no areas of continental shelf
lying more than 200M from the nearest land territory.
3. As Nicaragua has pointed out, this is correct only if areas of land that are patently
incapable of sustaining human habitation or economie life of their own, and which are
accordingly incapable of generating an entitlement to an EEZ or a continental shelf,
are taken into account: seeUNCLOS Article 121(3). As a matter of law, these areas
cannot be taken into account in this context.
4. Moreover, the fact that an area may lie within 200M of State A does not mean that the
area may not also fall within the continental shelf entitlement of State B. As
Nicaragua has pointed out, if there is such an overlap of entitlements the continental
shelf must be delimited.
5. In addition, no State other than Colombia has claimed entitlement in the areas
covered by Nicaragua's continental shelf daims. In the hypothetical event that one or
more third States were eventually to do so, those daims necessarily would not be
prejudiced by any continental shelf delimitation the Court effects as between
Nicaragua and Colombia.
6. Second, Colombia asserts that "States parties to the Convention intending to establish
the outer limits of their continental shelf beyond 200 nm from their baselines are
obliged to do so in accordance with the provisions set out in paragraphs 4 to 9 of
Article 76 of the Convention. This is done pursuant to conventional obligations, not
customary international law."
7. Colombia's assertion that paragraphs 4 to 9 do not have the status of customary
international lawis correct only in so far as paragraphs 8 and 9 are concemed. These
are plainlyinter partes obligations for States Parties to the Convention. The criteria
for the determinationof the location of the outer limit of a State's continental shelf set
out in paragraphs 4 to 7 are in a different category. These prescribe the precise limits
1 EMBASSY OF NICARAGUA
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of a State's continental shelf and are fully reflected in State practice, as was explained
in paragraphs 8-21 ofNicaragua's previous responseto Judge Bennouna's question.
8. Colombia has not addressed the points made by Nicaragua at the hearing that are
pertinentto an appropriate answer of Judge Bennouna's question:
(a) that continental shelf rights exiipsofacto and ab initiaand do not need to
be 'established'in order that they exist,
(b) that paragraphs 4 to 9 of Article 76 (a) provide a precise indication asto
how the limit of the continental shelf is to be determined, and (b) in addition
prescribe an administrative procedure for gaining the imprimatur of the CLCS
for definitive continental shelf limits; but those paragraphs do not set out a
precondition for the existence of continentalshelf rights within those limits,
(c) that a failure to comply with the administrative procedure in paragraphs 8
and 9 of Article 76 would amount to no more than a failure to fulfil an
administrative requirement and would not entail the forfeiture of continental
shelf rights,
(d) that Nicaragua has in fact fulfilled ali of the obligations that the UNCLOS
States Parties and the CLCS have determined are currently applicable in
relation to CLCS filings, and
(e) that Nicaragua's compliance with administrative procedures under the
United Nations Convention on the Law of the Sea are a matter for States
Parties to the Convention and not for non-Party States, such as Colombia: and
in any case, the crucial matter with respect to relations between the States
Parties is the set of substantive rules for determining the outer limits of the
continental shelf.
9. Colombia's assertion that paragraphs 4 to 9 do not have the status of customary
international law is correct only in so far as paragraphs 8 and 9 are concerned. These
are plainly inter partes obligations for States Parties to the Convention. The criteria
for the determination of the location of the outerlimit of a State's continental shelf set
out in paragraphs 4 to 7 are in a different category. These prescribe the precise limits
of a State's continental shelf, and are fully reflected in State practice, as was
explained in Nicaragua's previous response to JudgeBennouna's question.
2 EMBASSTHE HAGUERAGUA
10. Third, Colombia asserts that "there is no evidence of State practice indicating that the
provisions of paragraphs 4 to 9 of Article 76 are considered to be rules of customary
international law."
11. That is incorrect. Nicaragua's previous response referred to the extensive practice that
evidences acceptanceof the substantive criteria for the determination of the outer
limit of the continental shelf set out in in paragraphs 4 to 7. Extracts from the relevant
materials on the website of the UN Division for Ocean Affairs and the Law of the Sea
are appended to this response, for ease of reference. Most, but not ail, of those
materials relate to States that have ratified the United Nations Convention on the Law
of the Sea; but it would be perverse to consider that a treaty provision which has been
expressly accepted by the great majority of States, and which is supported by the
practice of non-Party States, and which faces no contradictory State practice, does not
represent customary international law.
12. Moreover, Colombia's position is confused. It apparently accepts that paragraphs 1 to
3 of Article 76 do represent customary international law. But Article 76 (2) stipulates
that "[t[he continental shelf of a coastal State shall not extend beyond the limits
provided for in paragraphs 4 to 6." The substantive criteria in paragraphs 4 to 6 of
Article 76 are an integral part of the definition ofwhat the continental shelf is.
13. For the reasons given above, Nicaragua adheres to the position that it set out in the
hearing and in its first response to Judge Bennouna's question.
The Hague, 18 May 2012.
/ ,.
/~/~
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Carlos J.ARGÜELLO GOMEZ
Agent
Republic ofNicaragua
3 EMBASSY OF NICARAGUA
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ANNEX
CONTINENTAL SHELF LEGISLATION: abstractedfrom the DOALOS website
Note
1. State practice shows that the definition in Article 76, and no other, is generally supported.
The website of the UN Department for Ocean Affairs and the Law of the Sea
('DOALOS') carries the legislation of 151 States Parties as weil as non-Parties to the
UNCLOS. Of those 151 States, approximately 90 have legislation relevant to the
continental shelf and its outer limits: the approximation is necessary because sorne
references to the continental shelf are oblique, and sornelaws are not readily available.
2. Of those 90 or so States, sorne 6 merely provide for delimitation of their continental shelf
on the basis of agreements with neighbouring States (eg Croatia, Bulgaria, Estonia). It
appears that approximately 50 of the remaining States adopt in their domestic law a
definition of the continental shelf that is in line with 76(1) UNCLOS, referring to a
continental margin; sorne go further in defining that margin in line with 76(3) UNCLOS;
sornerefer to the provisions of Art 76 UNCLOS in generalterms; and at least 3, including
a State that has neither signed nor ratified the UNCLOS (Ecuador), refer to further
detailed criteria under the provisions of Article 76 (5)- (6).
3. A further 19 States adhere to the '200m isobath + exploitability' criterion used in Article
1of the 1958 Continental Shelf Convention or simply to an exploitability criterion; but 17
of those have signed or ratified UNCLOS, and sorne or ali of them may either have
adopted legislation to implement UNCLOS domestically, or have a legal system which
gives direct effect to treaties. Further, 8e 19have made submissions to the CLCS.
4. A further 16 States limit their assertions of jurisdiction over the continental shelf to 200
nm. But 14ofthose have signed or ratified UNCLOS, and sorne or ali of them may either
have adopted legislation to implement UNCLOS domestically, or have a legal system
which gives direct effect to treaties. Further, 7 the 16 have made submissions to the
CLCS.
htt://www.un.org/Depts/los/LEGISLATIONDTREATIES/index. htm
4 EMBASSY OF NICARAGUA
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5. The conclusion is that more than 80 States of the 90 that have continental shelf legislation
appear to accept the definition in Article 76 (4) - (7) either explicitly in their laws or
implicitly by their acceptance of the UNCLOS.
6. Of all remaining States that have no (published) legislation on the continental shelf, 28
have made submissions to the CLCS, which indicates their acceptance of the provisions
in Article 76 (4)- (7).
7. Finally, as Nicaragua noted in paragraph 18 of its previous response, even non-Parties to
UNCLOS have explicitly accepted the Article 76 definition. For example, in 1987 the
USA stated that:
". .. the proper definition and means of delimitation in international law are
reflected in Article 76 of the 1982 United Nations Convention on the Law of
the Sea. The United States has exercised and shall continue to exercise
jurisdiction over its continental shelf in accordance with and to the full extent
permitted by international law as reflected in Aliicle 76, paragraphs (1), (2)
and (3). At such time in the future that it is determined desirable to delimit the
outer limit of the continental shelf of the United States beyond two hundred
nautical miles from the baseline from which the territorial sea is measured,
such delimitation shaH be carried out in accordance with paragraphs (4), (5),
(6) and (7)."2
It will be noted that the USA does not consider compliance with Article 76(8) to be
necessary in this context. A further seven non-Parties are listed in the Table of
Legislation below.
J. Ashley Roach and Robert W. Smith, United States Responsesta ExcessiveMaritime Claims, (2nded.,
1996), pp. 201-202.
5 EMBASSY OF NICARAGUA
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LEGISLATION
** indicates aState that has not ratified the United Nations Convention on the Law of the Sea
1. ANTIGUA & BARBUDA (Maritime Areas Act 1982): Article 8: (1) Subject to
subsection (3), the continental shelf of Antigua and Barbuda comprises those areas of
the seabed and subsoil of the submarine areas that are beyond and adjacent to the
territorial sea throughout the natural prolongation of the land territory of Antigua and
Barbuda to the outer edge of the continental margin, or to a distance of two hundred
nautical miles from the nearest point of the baselines when the outer edge of the
continental margin does not extend up to that distance.
(2) For the purposes ofsubsection (1), wherever the continental margin extends
beyond two hundred nautical miles from the nearest point of the baselines, the outer
limits of the continental shelf shall be established with all due regard to the
requirements and limitations of international law relevant to the establishment and
delineation of the continental shelf beyond that distance.
(3) For the purposes of this section, the continental margin comprises the submerged
prolongation of the land mass of Antigua and Barbuda consisting of the seabed and
subsoil of the shelf, the slope and the rise, but does not include the deep ocean floor
with its oceanic ridge or the subsoil thereof.
2. ARGENTINA (Act No 23.968 of 14 Aug 1991): Article 6: The continental shelf, over
which Argentina has sovereignty, shall include the seabed and the 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 two hundred (200) nautical miles from the baselines established in article
1 of this Act where the outer edge of the continental margin does not extend up to that
distance.
3. AUSTRALIA (Seas and Submerged Lands Act 1973 as amended by the Maritime
Legislation Amendment 1994): Article 3(1): ... "continental shelf" has the same
meaning as paragraph 1 of article 76 of the [UN] Convention [on the Law of the
Sea]...
Article 12: The Governor-General may, from time to time by Proclamation, declare,
not inconsistently with article 76 of the Convention or any relevant international
agreement to which Australia is a party, the limits of the whole or any part of the
continental shelfof Australia.
6 EMBASSY OF NICARAGUA
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4. BANGLADESH (Territorial Waters and Maritime Zones Act 1974): Article 7(1): The
continental shelf of Bangladesh comprises: (a) the seabed and subsoil of the
submarine areas adjacent to the coast of Bangladesh but beyond the limits of the
territorial waters up to the outer limitsof the continental margin bordering on the
ocean basin or abyssal floor; ... [same for islands, rocks, composite groups thereof].
5. [BELGIUM provides for the delimitation of its continental shelf with its neighbours:
Arts 1 and 2 of the Continental Shelf Act 1969.]
6. BRAZIL (Law No 8.617 of 4 Jan 1993): Article 11: The continental shelf of Brazil
comprises the seabed and subsoil of the submarine areas that extend beyond its
territorial sea throughout the natural prolongation 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.
The outer limits of the continental shelf will be established in accordance with article
76 of the United Nations Convention on the Law of the Sea, signed at Montego Bay
on 10 December 1982.
7. [BULGARJA provides for the delimitation ofits continental shelfwith its neighbours:
Arts 40 and 41 of the Maritime Space etc Act 2000.]
8. **CAMBODIA (Statement by MFA Spokesman of 15 Jan 1978): Para 3: ...
Democratie Kampuchea exercises its exclusive sovereign rights over its continental
shelf, comprising the sea-bed and subsoil of the submarine areas that extend beyond
its territorial sea throughout the natural prolongationits land territory.
(Decree of the Council of State of 13 July 1982): Article 6: The continental shelf of
the People's Republic of Kampuchea comprises the seabed and the subsoil of the
submarine areas that extend beyond the territorial waters throughout the natural
prolongation of its land territory to a distance of 200 nautical miles from the baseline
used to measure the width of the territorial waters of the People's Republic of
Kampuchea.
9. CANADA (Oceans Act 1996): Article 17: (1) The continental shelf of Canada is the
seabed and subsoil of the submarine areas, including those of the exclusive economie
zone of Canada, that extend beyond the territorial sea of Canada throughout the
natural prolongation of the land territory of Canada:
7 EMBASSY OF NICARAGUA
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(a) subject to subparagraphs (b) and (c), to the outer edge of the continental
margin, determined in the manner under international law that results in the
maximum extent of the continental shelf of Canada, the outer edge of the
continental margin being the submerged prolongation of the land mass of
Canada consisting of the seabed and subsoil ofthe shelf, the slope and the rise,
but not including the deep ocean floor with its oceanic ridges or its subsoil;
(b) to a distance of 200 nautical miles from the baselines of the territorial sea of
Canada where the outer edge of the continental margin does not exterid up to
that distance; ...
10. CAPE VERDE (Law No 60/N/92 of21 Dec 1992): Article 17: The continental shelf
of the Republic of Cape Verde shall comprise the seabed and subsoil of the submarine
areas that extend beyond the territorial sea up to a distance of 200 nautical miles from
the baselines referred ton article 24.
11. P. R. CHIN A (EEZ and Continental Shelf Act 1998): Article 2: ... The continental
shelf of the People's Republic of China comprises the seabed 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.
12. COOK ISLANDS (Continental Shelf Amendment Act 1977): Article 2(1): ...
"Continental shelf' means the seabed and subsoil of those submarine areas that extend
beyond the territoriallimits of the Cook Islands throughout the natural prolongation of
the land territory of the Cook Islands, to the outer edge of the continental margin, or
to a distanceof 200 nautical miles from the baselines from which the breadth of the
territorial sea is measured (as described in section 3 of the Territorial Sea and
Exclusive Economie Zone Act 1977) where the outer edge of the continental margin
does not extend to that distance;..
13. CONGO (Ordinance No 049/77 of 18 Oct 1971): Article 2: The sovereignty of the
People's Republic of the Congo extends beyond its territory to a distance of two
hundred nautical miles measured from the low-water line along the coast.
This sovereignty extends to the airspace above the territorial sea as well as to the
seabed and subsoil of that sea.
8 EMBASSY OF NICARAGUA
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14. [CROATIA provides for the delimitation of its continental shelf with its neighbours:
Art 43 ofthe Maritime Code 1994.]
15. CYPRUS (Continental Shelf Law 1974): Article 2: ... "continental shelf' means the
seabed and subsoil of the submarine areas adjacent to the coast of the Republic, but
beyond the territorial waters, where the depth of the superjacent waters adroits of the
exploitationof the natural resources of the said areas ...
16. D. R. CONGO (Law No 09/002 of7 May 2009): Article 8: The continental shelf shall
extend to 350 nautical miles from the baseline orto 100 nautical miles from the 2,500
metre isobath.
17. DENMARK (Royal Decree of7 June 1963): Article 2(1): In accordance with article 1
of the Convention, the term "continental shelf' is used as referring (a) to the sea-bed
and subsoil of the submarine areas adjacent to the coast but outside the area of the
territorial sea, to a depth200 metres or, beyond that limit, to where the depth of the
superjacent waters adroits of the exploitation of the natural resources of the said areas;
(b) to the sea-bed and subsoil of similar submarine areas adjacent to the coasts of
islands.
18. DOMINICAN REPUBLIC (Act No 573 of 1 Apr 1977): Article 7: ... For the
purposes of this article, the term "Continental Shelf' includes the sea-bed and subsoil
of the submarine areas stretching beyond the territorial sea and all along the natural
extension of its land territory up to the outer edge of the continental terrace, or up to a
distance of 200 nautical miles from the baselines from which the territorial sea is
measured in cases where the outer edge of the continental terrace does not extend to
that distance. [NB: DOALOS says this was repealed and replaced by an Act of2007,
which however does not provide anything on the CS.]
19. **ECUADOR (Declaration of 19 Sep 1995): DECLARES: That, in addition to the
continental and insular shelf within its territorial sea of 200 miles, the sea-bed and
subsoillocated between Ecuador's continental territorial sea and its insular territorial
sea around the Galapagos Islands, up to a distance of 100 miles measured from the
2,500 metre isobath, also form part of the continental shelf ofEcuador.
9 EMBASSY OF NICARAGUA
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20. EGYPT (Presidential Decision No 1051 of 1958): The United Arab Republic shall
exercise rightsof sovereignty over the seabed and its subsoil in the continental shelf
beyond the territorial waters to the point where the depth of the water is 200 metres
and deeper to the limit within which the natural resources of the bottom can be
exploited.
21. [ESTONIA provides for the delimitation of its continental shelf with its neighbours:
Law on the boundaries of the maritime tract 1993.] ·
22. FIJI (Continental Shelf Act of 30 Dec 1970): Article 2: "Continental Shelf''means the
sea-bed and subsoil of those submarine areas adjacent to the coasts of the islands of
Fiji, but beyond the territorial limits of Fiji, to a depth of two hundred metres below
the surface of the sea, or beyond that limit, to where the depth of the superjacent
waters admits of exploitation of the natural resources of those areas; ...
23. FINLAND (Law no 149 of 5 Mar 1965 concerning the Continental Shelf): Article 1:
For the purpose of the present law the term "continental shelf''means outside the area
of Finland's territorial sea with the adjacent sea-bed and its subsoil to the boundary
line which is determined according to articles 1 and 6 in the Geneva Convention of
April 29, 1958, on the continental shelf or upon which agreements have been
concluded between Finland and a foreign state according to the said article 6,
paragraphs 1 or 2.
24. GEORGIA (Law concerning the Naval Space of Georgia 1998): 1 was unable to find
it except in Georgian. As far as Google Translate let me gather, the law provides, in
Arts 38 and 39, for [delimitation with adjacent and opposite States] and for an outer
limit coinciding with that of the EEZ, respectively. The Georgian text can be found
here:
http://www.parliament.ge/index.php?lang_id=GEO&sec _id=69&kan_det=det&kan_i
d=185
25. GERMANY (Declaration of 20 Jan 1964): ... the Federal Government regards the
exploration and exploitation of the natural resources of the sea-bed and subsoil of the
submarine area adjacent to the German coast but outside the area of the German
territorial sea to a depthof 200 metres and, beyond that limit, to where the depth of
the superjacent waters admits of the exploitation of the natural resources as an
exclusive sovereign right ofthe Federal Republic ofGermany.
10 EMBASSY OF NICARAGUA
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26. GHANA (Maritime Zones (Delimitation) Law 1986): [Article] 6(1): It is hereby
declared that the continental shelf of the Republic shall comprise the sea-bed and
subsoil of the submarine areas that extend beyond the territorial sea throughout the
natural prolongation of its land territory to a distance of two hundred nautical miles
from the baselines from which the breadth of the territorial sea is measured.
27. GREECE (Law 2289/1995 as amended by Law 4001/2011): "Submarine areas"
means the seabed and subsoil of the internai waters, the territorial sea, the continental
shelf and the exclusive economie zone (once declared), to a distance of 200 nm from
the baselines from which the breadth of the TS is measured.
28. GRENADA (Territorial Sea and Maritime Boundaries Act 1989): Article 10: [exactly
the same as Antigua and Barbuda, above.]
29. GUlNEA-BISSAU (Act No 3/85 of 17 May 1985): Article 3: 1. The exclusive
economie zone shall extend, within the national maritime frontiers, for a distance of
200 nautical miles measured from the straight baselines established by the above
mentioned Act.
2. The State of Guinea-Bissau shall have the exclusive right to explore and exploit the
living and natural resources of the.sea and the continental shelf, slopes and sea-bed
within the exclusive economie zone.
30. GUYANA (Maritime Boundaries Act 1977): Article 9: Subject to section 34, the
continental shelf (which by virtueof the applied law, that is to say, the British Guiana
(Alteration of Boundaries) Order in Council, 1954, was included in the boundaries of
Guyana) comprises the seabed and subsoil ofthe submarine areas that extend beyond
the limitof the territorial sea throughout the natural prolongation of the land territory
of Guyana to the outer edge of the continental margin or to a distance of two hundred
miles from the baseline referred to in section 7, where the outer edge of the
continental margin does not extend up to that distance.
31. HAITI (Decree No 38 of 8 Apr 1977): Article 8: The continental platform of Haïti
consists of the seabed and subsoil of submarine regions adjacent to the coast but
located outside the territorial sea. It shall extend to the point where the depthf the
superjacent waters allows exploitation of the natural resources of such regions.
11 EMBASSY OF NICARAGUA
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32. HONDURAS (Maritime Areas Act 1999): Article 9: The Honduran CS comprises the
seabed and subsoil of the submarine areas adjacentto its territorial sea to a distance of
200 nm from the baselines or to the outer edge of its continental shelf.
33. ICELAND (Law No 41 of 1 June 1979): Article 5: The continental shelf of Iceland
comprises the seabed and subsoil of the submarine areas that extend beyond the
territorial sea throughout the natural prolongation of the 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 ...
34. INDIA (The Territorial Waters, Continental Shelf, Exclusive Economie Zone and
other Maritime Zones Act 1976): Article 6(1) The continental shelf of India
(hereinafter referred to as the continental shelf) comprises the seabed and subsoil of
the submarine areas that extend beyond the limit of its territorial waters throughout
the natural prolongation of its land territory to the outer edge of the continental
margin or to a distance of two hundred nautical miles from the baseline referred to in
sub-section (2) of section 3 where the outer edge of the continental margin does not
extend up to that distance.
35. **I. R. IRAN (Act on the Marine Areas of the Islamic Republic of Iran 1993): Article
15: The provisions of article 14 [on sovereign rights in the EEZ] shall apply mutatis
mutandis to the sovereign rights andjurisdiction of the Islamic Republic of Iran in its
continental shelf, which comprises the seabed and subsoil of the marine areas that
extend beyond the territorial sea throughout the natural prolongation of the land
territory.
36. IRAQ: 1957 proclamation speaks only of 'resources [that lie] at the·bottom of the
maritime zone extending outwards to the sea and contiguous to the Iraqi territorial
sea'.
37. **ISRAEL (Submarine Areas Law 1953): Article 1(a): The territory of the State of
Israel shall include the sea floor and underground of the submarine areas adjacent to
the shores of Israel but outside Israel territorial waters, to the extent that the depth of
12 EMBASSY OF NICARAGUA
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the superjacent water permits the exploitation of the natural resources situate in such
areas.
38. ITALY (Act No. 613 on the Surveying and Production of Oil and Gas in the
TerritorialSea and Continental Shelf, and Amendments to Act No. 6 of 11 January
1967 on the Surveying and Production of Oil and Gas): Article 1: For the purpose of
this Act, the term "continental shelf' is used as referring to the sea-bed and subsoil of
the submarine areas adjacent to the territory of the Italian peninsula and islands but
outside the area of the territorial sea, to a depth of200 metres or, beyond that limit, to
where the depth of the superjacent waters admits of the exploitation of the natural
resources of the said areas. The outer boundary of the Italian continental shelf shall be
determined by agreement with the States whose coasts are opposite those of the
Italian State and which share the same continental shelf.
39: JAMAICA (Maritime Areas Act 1996): Article 21: (1) Subject to subsection (3), the
continental shelf comprises those areas of the seabed and subsoil of the submarine
areas that are beyond and adjacent to the territorial sea throughout the natural
prolongation of the land territory of Jamaica to the outer edge of the continental
margin, or to a distance of two hundred nautical miles from the nearest point of the
baselines established in accordance with section 6 where the outer edge of the
continental margin does not extend to that distance.
(2) Where the continental margin referred to in subsection (1) extends beyond two
hundred nautical miles from the nearest point of the baselines of the territorial sea, the
outer limits of the continental shelf shall be established having regard to the principles
of international law relevant to the establishment and delineation of the continental
shelf beyond that point.
(3) For the purposes of subsections (1) and (2), the continental margin comprises the
submerged prolongation of the land mass of Jamaica consisting of the seabed and
subsoil of th,econtinental shelf, the slope and the rise, but does not include the deep
ocean floor with its oceanic ridge or the subsoil thereof.
40. JAPAN (Law No 74 of 1996): Article 2: The continental shelf over which Japan
exercises its sovereign rights and other rights as a coastal State in accordance with the
UN Convention on the Law of the Sea (hereina:fter 'the continental shelf) comprises
the seabed its subsoil subjacent to the following areas of the sea:
13 EMBASSY OF NICARAGUA
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(1) The areas of the sea extending from the baseline of Japan to the line
every point of which is 200 nm from the nearest point on the baseline
of Japan (excludingtherefrom the territorial sea) ...
(2) The areas of the sea adjacent seaward to the areas of the sea referred
to in the preceding subparagraph (limited to the part of the sea
delimited by the line every point ofwhich is 200 nm from the nearest
point on the baseline of Japan), as prescribed by Cabinet Order in
accordance with Article 76 of the UN Convention on the Law of the
Sea.
41. KENYA (The Maritime Zones Act 1989): [Preamb]: An Act of Parliament to
consolidate the law relating to the territorial waters and the continental shelf of
Kenya; to provide for the establishment and delimitation of the exclusive economie
zone of Kenya; to provide for the exploration and exploitation and conservation and
management of the resources of the maritime zones; and for connected purposes. [AT:
HOWEVER, THE ACT DOES NOT SAY ANYTHING ON THE CS, BUT
PROCEEDS TO ESTABLISH A 200 NM EEZ].
42. KIRIBATI (Marine Zones (Declaration) Act 1983): Article 7: (1) Subject to the
succeeding provisions of this section, for the purposes of any law of Kiribati the
exclusive economie zone of Kiribati comprises those parts of the sea having as their
inner limits the outer limits the territorial sea and as their outer limits a line drawn
200 nautical miles seaward from the outer limits of the inland waters of Kiribati. ...
(6) Ali areas of seabed, and the subsoil under the seabed of the exclusive economie
zone shall be treated, for the purposes any law of Kiribati, as part of the continental
shelfof Kiribati.
43. [LATVIA provides for the delimitation of its continental shelf with its neighbours:
Law on CS etc of2 Feb 1993.]
44. LIBERIA (Act to Approve Executive Order by the President on 24 Dec 1976,
approved 16 Feb 1977): ... the territorial sea of the Republic of Liberia shall extend to
a distance of two hundred (200) nautical miles from the baseline of the Republic of
Liberia.
45. MADAGASCAR (Ordinance No 85-103/Law No 85-103 of 1985): Article 7: The
continental shelfof the Democratie Republic of Madagascar shall comprise the sea-
14 EMBASSY OF NICARAGUA
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bed and Its subsoil beyond the territorial sea to a distance of 200 nautical miles from
the baselines from which the breadth of the territorial sea is rneasured, or to the lirnit
determined by agreement with adjacent States, or else to 100 nautical miles from the
2,500-rnetre isobath.
46. MALAYSIA (Continental Shelf Act 1966 as arnended 1972): Article 2: ...
"continental shelf' rneans the sea-bed and subsoil of subrnarine areas adjacent to the
coast of Malaysia but beyond the lirnits of the territorial waters of the States, the
surface of which lies at a depth no greater than two hundred metres below the surface
of the sea, or, where the depth of the superadjacent waters adroits of the exploitation
of the natural resources of the said areas, at any greater depth; ...
47. MALTA (Continental Shelf Act 1966): Article 2: ... "the continental shelf' ineans the
sea bed and subsoil of the subrnarine areas adjacent to the coast of Malta but outside
-territorial waters, to a depth of two hundred metres or; beyond that limit, to where the
depth of the superjacent waters adrnits of the exploitation of the natural resources of
the said areas; so however that where in relation to states of which the coast is
oppqsite that of Malta it is necessary to determine the boundaries of the respective
continental shelves, the boundary of the continental shelf shall be that deterrnined by
agreement between Malta and such other state or states or, in the absence of
agreement, the median line, narnely a line every point of which is equidistant from the
nearest points of the baselines from which the breadth of the territorial waters of
Malta and of such other state or states is rneasured; ...
48. MAURITANIA (Ordinance 88-120 of31 Aug 1988): Article 4: The continental shelf
of the Islarnic Republic of Mauritania shall comprise the sea-bed and subsoil of the
subrnarine areas that extend beyond its territorial sea throughout the prolongation of
its land territory to the outer edge of the territorial rnargin, or to a distance of 200
nautical miles from the baselines from which the breadth of the territorial sea is
rneasured where the edge of the continental rnargin does not extend up to that
distance.
49. MAURITIUS: the Maritime Zones Act 1977 provides in Article 5(1): The continental
shelf comprises the seabed and subsoil of the subrnarine areas that extend beyond the
lirnitof the territorial waters throughout the natural prolongation of the land territory
of Mauritius: (a) to the outer edge of the continental rnargin; or (b) to a distance of
two hundred nautical miles from the baseline where the outer edge of the continental
shelf does not extend up to that distance.
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The Maritime Zones Act 2005 (by virtue of which the UNCLOS has force of law in
Mauritius-see Article 3) provides in Article 18: (1) The continental shelf of
Mauritius comprises the seabed and subsoil of the submarine areas that extend beyond
its territorial sea throughout the natural prolongation its land territory - (a) subject
to paragraph 2 of Article 76 ofUNCLOS, to the outer edge of the continental margin;
or (b) where the outer edge of the continental margin does not extend up to that
distance, a distanceof 200 nautical miles from the baselines from which the breadth
of the territorial sea is measured. (2) Where, by virtue of paragraph 2 of Article 76 of
UNCLOS, the outer limits of the continental shelf require to be determined in
accordance with paragraphs 4 to 6 of UNCLOS, the Prime Minister may malŒ
regulations to provide for the outer limit to be determined by any method specified in
paragraph 4 of Article 76 ofUNCLOS.
50. MEXICO (Federal Act relating to the Sea 1986): Article 62: The Mexican continental
shelf and island shelves shall comprise the sea-bed and subsoilof the submarine areas
that extend beyond the territorial sea throughout the natural prolongation of national
territory to the outer edgeof 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, in
accordance with the provisions of international law. The preceding definition includes
the shelvesof islands, keys and reefs that form part of national territory.
Article 65: In places where the outer edgeof the continental margin of the continental
shelf and island shelves does not extend 200 nautical miles from the baselines from
which the territorial sea is measured, theouter limit of these shelves shall coïncide
exactly with the outer limit of the subsoil of the exclusive economie zone, as
established in accordance with the provisions of articles 53 and 54 of this Act, and as
marked on charts officially recognized by the United Mexican States.
51. MOZAMBIQUE (Law No 4/96 of Apr 1996): Shelf extends to 200nm orto the outer
edge of the continental margin. [source: NOT DOALOS!; rather:
http:/www. ag.navy.mil/organization/documents/mcrm/mozambique.pdf]
52. MYANMAR (Territorial Sea and Maritime Zones Law 1977): Article 12: The
continental shelfof Burma comprises the sea-bed and subsoil of the submarine areas
that extend beyond the territorial sea throughout the natural prolongation of its land
territory to the outer edgeof the continental margin, or to a distance of 200 nautical
miles from the baselines where the outer edge of the continental margin does not
extend up to that distance.
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53. NAMIBIA (Act No 3 of 30 June 1990): Article 6(1): The continental shelf as defined
in the [UN] Convention [on the Law of the Sea 1982, see Article 1], or as it may from
time to time be defined by international convention and binding on N amibia, shall be
the continental shelf ofNamibia.
54. NAURU (Sea Boundaries Act 1997): Article 7(1): Ali areas ofseabed, and the subsoil
under the seabed, of the EEZ shall be treated, for the purposes of any law, as part of
the continental shelf of the Republic. [NB: Not from DOALOS; from
www.commonwealth.org]
55. NETHERLANDS (Decree of 13 Mar 2000 determining outer limits of EEZ): Article
1: The outer limits of the exclusive economie zone of the Netherlands shall coïncide
with: (a) The outer limits of the Netherlands' tenitorial sea as refened to in section 1,
subsection 1, of the Tenitorial Sea of the Netherlands (Demarcation) Act; and (b) The
outer limits of the Netherlands' portion of the continental shelf.
56. NICARAGUA. (Act No 205 of 19 Dec 1979 on the Continental Shelf and Adjacent
Sea): Article 1, The continental shelf of Nicaragua, throughout its extension, is an
integral part and a natural prolongationf national tenitory, and is accordingly for all
3
purposes subject to the sovereignty of the Nicaraguan nation.
57. NIGERIA (Petroleum Decree No 51 of 1969): Article 14(1): In this Decree, unless the
context otherwise requires: ... "Continental shelf' means the sea-bed and subsoil of
those submarine areas adjacent to the coast of Nigeria the surface of which lies at a
depth no greater than two hundred metres (or, where its natural resources are capable
of exploitation, at any depth) below the surface of the sea, excluding so much of those
areas as lies below the territorial waters of Nigeria.
3
1. Replaced by Law No. 420, 5 ofMarch 2002:
Article 8.- The Continental Shelf of Nicaragua comprises the seabed and subsoil of the
submarine areas that extend beyond its territorial sea as a natural prolongation and projection
of its land territory under the sea to the minimum distance of 200 nautical miles and up to the
maximum 350 M recognized by international law.
17 EMBASSY OF NICARAGUA
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58.NORWAY (Royal Decree of 31 May 1963): The sea-bed and the subsoil in the
submarine areas outside the coast of the Kingdom of Norway are under Norwegian
sovereignty as regards exploitation and exploration of natural resources, as far as the
depth of the superjacent waters admits of exploitation of natural resources, within as
well as outside the maritime boundaries otherwise applicable, but not beyond the
median line in relation to other states.
59. [OMAN states in Article 7 of its 1981 Law that it 'willbe issuing a declaration for
delimiting the span of its continental shelf.]
60. PAKJSTAN (Territorial Sea and Maritime Zones Act 1976): Article 5'(1): The
Continental Shelf of Paldstan, hereinafter referred to as the Continental Shelf, shall
comprise the sea-bed and subsoil of the submarine areas that extend beyond the limit
of the territorial waters of Paldstan throughout the natural prolongation of the land
tertitory of Paldstan to the outer edge of the continental margin or where the outer
edge of the continental margin does not extend up to a distance of 200 nautical miles
from the baseline declared under subsection (3) of section 2, up to that distance.
61. PANAMA (Act No 31 of2 Feb 1967):Establishmentof200 nm TS; later, Law No 38
of 4 June 1996 ratifies UNCLOS and adopts the relevant zones--but the Law is not
available online.
62. PAPUA NEW GUINEA (Continental Shelf Act 1977): Article 1 (amending Article 2
ofthe 1974 Act): ... "continental shelf' means the seabed and subsoil-
(a) underlying the waters between the high water lines and the baselines; and
(b) underlying the territorial sea; and
(b) adjacent to the coasts of Papua New Guinea which underlies the offshore seas
to a depth not exceeding 200m or, beyond that limit, to a depth where the
superjacent waters admit of the exploitation of the natural resources of that
area;...
63. **PERD (Presidential Decree No 781 of 1 Aug 1947): Article 1: To declare that
national sovereignty and jurisdiction can be extended to the submerged continental or
insular shelf adjacent to the continental or insular shores of national territory,
whatever the depth and extension of this shelfmay be.
18 EMBASSY OF NICARAGUA
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(Petroleum Law 1952): Article 14(4): Continental shelf. This shall be the zone lying
between the western limit of the coastal zone and an imaginary line drawn seaward at
a constant distanceof 200 miles from the low-water line along the continental coast.
Also (Legislative Decree No 18880 of 8 June 1971).
64. [POLAND provides for the delimitation of its continental shelf with its neighbours in
Arts 16(1) and 67 ofits 1991 Act concerning Maritime Areas.]
65. PORTUGAL (Decree-Law No 49-369 of 11 Nov 1969): Article 1(2): For the
purposes of this enactment, the continental shelf shall be deemed to be the sea-bed
and subsoil of the submarine areas adjacent to national territory, whether continental
or island territory, to where the depth of the superjacent waters admits ofprospecting,
exploration, evaluation and, eventually, exploitationf natural resources.
66. PHILIPPINES (1968 Proclamation): ... the sea bed and subsoil ofthe continental shelf
adjacent to the Philippines, but outside the area of its territorial sea to where the depth
of the superjacent waters admits of the exploitation of such resources, ...
67. RUSSIAN FEDERATION (Decree of the Presidium of 6 Feb 1968 on the CS):
Article 1: ... The continental shelf of the USSR consists of the sea-bed and the subsoil
of the submarine areas adjacent to the coast or to the islands of the USSR but outside
the area of the territorial sea,atdepth of 200 metres or, beyond that limit, to where
the depth of the superjacent waters admits of the exploitation of the natural resources
of the said areas.
The sea-bed and the subsoil of depressions entirely surrounded by the continental
shelf of the USSR, irrespective of their depth, are part of/the continental shelf of the
USSR.
(Federal Law on the CS of the Russian Federation 1995): Article 1: The continental
shelf of the Russian Federation (hereinafter referred to as "the continental shelf')
comprises the seabed and subsoil of the submarine areas situated beyond the territorial
sea of the Russian Federation (hereinafter referred to as "the territorial sea")
throughout the natural prolongation of its land tenitory to the outer edge of the
continental margin.
The continental margin is the prolongation of the land mass of the Russian Federation
and consists of the seabed and subsoil of the shelf, the slope and the rise. The
definition of the continental shelf also applies to ali the islands of the Russian
Federation. The inner edge of the continental shelf is the outer edge of the tenitorial
sea.
19 EMBASSY OF NICARAGUA
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In accordance with the provisions of article 2 of this Federal Law, the outer edge of
the continental shelf is situated at a distance of 200 nautical miles from the baselines
from which the width of the territorial sea is measured, provided that the outer edge of
the continental margin does not extend for a distance of more than 200 nautical miles.
If the continental margin extends for a distance of more than 200 nautical miles from
the aforementioned baselines, the outer edge of the continental shelf coïncides with
the outer edge of the continental margin determined in accordance with the rules of
international law.
68. ST K.ITTS & NEVIS (Maritime Areas Act 1984): Article 7 [exactly the same as
Antigua & Barbuda].
69. SAINT LUCIA (Maritime Areas Act 1984): Article 7 [exactly the same as Antigua &
Barbuda].
70. ST VINCENT & THE GRENADINES (Maritime Areas Act 1983): Article 8: The
continental shelf of Saint Vincent and the Grenadines comprises the seabed, subsoil
and the submarine areas contiguous to its territorial sea from its archipelagic baselines
seaward to a limitof 200 nautical miles.
71. SAMOA (Maritime Zones Act 1999): Article 24: The continental shelf of Samoa
comprises the seabed and subsoil of the submarine areas that extend beyond its
territorial sea throughout the natural prolongationf its land territory to -
(c) The outer edge of the continental margin; or
(d) A distance of 200 nautical miles from the baselines from which the territorial
sea is measured where the outer edge of the continental margin does not
extend up to that distance.
72. SENEGAL (Act No 85-14 of 25 Feb 1985): Article 6: The continental shelf
comprises the sea-bed and subsoil of the submarine areas that extend beyond the
territorial sea throughout the natural prolongation of the 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.
20 EMBASSY OF NICARAGUA
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73. SEYCHELLES (Maritime Zones Act 1999): Article 11: (1) Subject to an Order made
under section 13(2) with respect to the continental shelf, the continental shelf of
Seychelles comprises the seabed and subsoil of the submarine areas that extend
beyond the limit of the territorial sea throughout the natural prolongation of the land
territoryof Seychelles: (a) To the outer edge of the continental margin; or (b) To a
distance of two hundred nautical miles from the baseline where the outer edge of the
continental margin does not extend up to that distance.
(2) For the purposes of subsection (1), wherever the continental margin extends
beyond 200 nautical miles from the nearest point on the baselines, the outer limits of
the continental she1f shall be established and delineated with due regard to the
requirements and limitations of international law.
(3) For the purposes of this section, the continental margin comprises the submerged
prolongation of the land mass of Seychelles consisting of the seabed and subsoil of
the shelf, the slope and the rise, but does not include the deep ocean floor with its
oceanic ridges or the subsoil thereof.
74. SIERRA LEONE (The Maritime Zones (Establishment) Decree 1996): Article 11(1):
The continental shelf of Sierra Leone comprises the seabed and subsoil of the
submarine areas that extend beyond the territorial sea throughout the natural
prolongation of its land territory to a distance of two hundred nautical miles from the
baseline from which the breadth of territorial sea is measured.
75. SLOVENIA (Ecological Protection Zone and Continental Shelf Act 2005): Article
2(3): The continental shelf of the Republic of Slovenia shall comprise seabed and
subsoil in underwater areas, extending beyond the territorial sea of the Republic of
Slovenia to the borders in compliance with international law [as which Art 1 mentions
'particularly'theUNCLOS and bilateral agreements of Slovenia on CS delimitation].
76. SOLOMON ISLANDS (The Delimitation ofMarine Waters Act 1978): Article 7: All
areas of seabed and the subsoil thereof contained within the exclusive economie zone
of Solomon Islands are deemed to form part of the continental shelf of Solomon
Islands for the purposes of the Continental Shelf Act, 1970, and to be subject to the
provisions of that Act as if they were areas designated under the provisions of
subsection (3) of section 3 ofthat Act. [NB: I could not find the 1970 Act online].
77. SOUTH AFRICA (Maritime Zones Act, No 15 of 1994): Article 8(1): The continental
shelf as defined in article 76 of the United Nations Convention on the Law of the Sea,
21 EMBASSY OF NICARAGUA
THE HAGUE
1982, adopted at Montego Bay on 10 December 1982,shall be the continental shelf of
the Republic.
78. SRl LANKA (Maritime Zones Law No 21 of 1 Sep 1976): Article 6(1): The
continental shelfof Sri Lanka shall comprise: (a) the sea-bed and sub-soil of the
submarine areas that extend beyond the territorial sea of Sri Lanka throughout the
natural prolongation of the land territory of Sri Lanka to the outer edge of the
continental margin or to a distanceof two hundred nautical miles from the base-line
from which the territorial sea is measured where the outer edge of the continental
margin does not extend up to that distance; and [ (b) the same for islands, rocks, or
groups thereof].
79. SUDAN (Territorial Waters and Continental Shelf Act 1970): Article 2(k):
"Continental Shelf' means the seabed and subsoil of the submarine areas but outside
the territorial waters of the Democratie Republic of the Sudan, to a depth of two
hundred metres or beyond that limit to where the depth of the superjacent waters
admits ofthe exploitation of the natural resources ofthe said areas.
80. SWEDEN (Act No 314 of 3 June 1966): Article 1: For the purpose of this Act the
term "continental shelf' shall mean the sea-bed and its subsoil within Swedish public
waters and within such an area of the sea outside the territorial limits as the
Government may determine in accordance with the Convention on the Continental
Shelf signed at Geneva on 29 April1958.
81. **SYRIAN ARAB REPUBLIC (Law No 28 of 2003): Article 26: The continèntal
shelf comprises the natural prolongation of Syrian maritime territory beneath the
surface of the sea to the outer edge of the continentalmargin.
82. THAILAND: 1973 Royal Proclamation of the Continental Shelf not available in
English. NB: http://www.jag.navy.mil/organizationldocuments/mcrrn/thailand.pdf
also contains no info on limits.
83. **TIMOR-LESTE (Law No 7 of 2002-Maritime Boundaries): Article 8: The outer
limitof the continental shelf of Timor-Leste shall be defined by a line in which each
of the points is situated at a distance of two hundred nautical miles from the nearest
point of the baseline or by the outer edge of the continental margin, in case the
22 EMBASSY OF NICARAGUA
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continental margin is located at a distance exceeding two hundred nautical miles from
the baseline.
84. TRINIDAD & TOBAGO (Continental Shelf 1969 as amended 1986): Article 2: ...
"Continental Shelf' means the seabed and subsoil of the submarine areas of Trinidad
and Tobago that extend beyond its territorialthroughout the natural prolongationofits
land territory to the outer edge of its Continental Margin, or to a distance of two
hundred nm from the baselines from which the breadth of the territorial sea of
Trinidad and Tobago is measured where the outer edge of the Continental Margin
does not extend up to that distance. "Continental Margin" means the submerged
prolongation of the land mass of Trinidad and Tobago consisting of the seabed and
subsoil, the slope and the risef the Continental Shelf determined in accordance with
the provisionof the 1982 United Nations Conventionon the Law of the Sea.
85. **UNITED ARAB EMIRATES (Federal Law No 19 of 1993 in respect of the
delimitation of the maritime zones of the UAE): Article 17: Subject to articles 23/2
[on agreement with other states/median line] and 24 [on publication of official charts]
of this Law, the continental shelf of the State comprises the seabed and subsoil of the
submarine areas extending beyond its territorial sea and considered a 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.
86. URUGUAY (Act 17.033 of 20 Nov 1998): Article 10: The continental shelf of
Uruguay comprises the seabed and subsoil of the submarine areas that extend beyond
its territorial sea throughout the natural prolongation its land territory to the outer
edge of the continental margin.
The executive authority shall, through a special commission, chaired by a
representative of the Ministry of Foreign Affairs and composed of representatives of
the competent organizations, arrange for and coordinate the actions necessary to
establish the outer edge of the continental shelf of Uruguay, in accordance with the
provisions of article 76 of the [UN] Convention [onthe Law of the Sea].
87. VANUATU (Maritime Zones Act No 6 of2010): Article 11: (1)The continental shelf
of Vanuatu comprises of the sea-bed and subsoilof the submarine areas that extend:
(e) beyond its territorial sea throughout the natural prolongation of its land
territory to the outer edgef the continentalmargin; or
23 EMBASSY OF NICARAGUA
THE HAGUE
(f) 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) If the continental margin referred to in section (1) extends beyond 200
nautical miles from the nearest point of the baselines from which the breadth of the
territorial sea is measured, the outer limits the continental shelf is to be established
in accordance with Article 76 of the [UN] Convention [on the Law of the Sea].
88. **VENEZUELA (Act of 27 July 1956): Article 4: The Republic of Venezuela shall
own and have sovereignty over the sea-bed and subsoil of the submarine shelf
adjacent to the territoryf the Republic of Venezuela outside the area of the territorial
sea, to a depth of 200 metres or, beyond that limit to where the depth of the waters
admits of the exploitation of the resources of the sea-bed and subsoil in accordance
with technical progress in exploration and exploitation. Channels, depressions or
irregularitiesin the sea-bed of the continental shelf shall not constitute a breal(:-inthe
continuity of that shelf, and banks which by position or natural conditions are related
to the continentalshelf shall be comprised therein.
The continental shelf of the Republic of Venezuela shall include the
continental shelf, asjust defined, of the islands of the Republic.
89. VIETNAM (Statement on the TS, the CZ, the EEZ and the CS of 12 May 1977):
Article 4: The continental shelf of the Socialist Republic of Vietnam comprises the
seabed and subsoil of the submarine areas that extend beyond the Vietnamese
territorial sea throughout the natural prolongation of the Vietnamese land territory to
the outer edge of the continental margin, or to a distance of 200 nautical miles from
the baseline used to measure the breadth of the Vietnamese territorial sea where the
outer edge of the continental margin does not extend up to that distance.
90. YEMEN (Act No 45 of 1977): Article 2: ... Continental Shelf - The sea-bed and
subsoil thereof extending beyond the territorial sea throughout the natural
prolongation of the Republic's land territory to the outer limit 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 to that distance; ...
24
Comments in writing of the Republic of Nicaragua on the written reply by the Colombian Government to the question put by Judge Bennouna at the public sitting held on the afternoon of 4 May 2012