CLCS/64
Commission on the Limits of the Continental Shelf
1 October 2009
Twenty-fourth session
New York, 10 August-11 September 2009
Statement by the Chairman of the Commission on the
Limits of the Continental Shelf on the progress of work
in the Commission
1. The Commission on the Limits of the Continental Shelf held its twenty-fourth
session at United Nations Headquarters from 10 August to 11 September 2009,
pursuant to the decision taken at its twenty-second session (see CLCS/60, para.
62)
and to paragraph 49 of General Assembly resolution 63/111. The plenary part of
the
session was held from 24 August to 4 September. The periods from 10 to 21 August
and from 8 to 11 September were used for the technical examination of
submissions
at the Geographic Information System (GIS) laboratories and other technical
facilities of the Division for Ocean Affairs and the Law of the Sea, Office of
Legal
Affairs.
2. The following members of the Commission attended the session: Alexandre
Tagore Medeiros de Albuquerque, Osvaldo Pedro Astiz, Lawrence Folajimi
Awosika, Harald Brekke, Galo Carrera Hurtado, Francis L. Charles, Peter F.
Croker,
Indurlall Fagoonee, Mihai Silviu German, Abu Bakar Jaafar, George Jaoshvili,
Emmanuel Kalngui, Yuri Borisovitch Kazmin, Wenzheng Lu, Isaac Owusu Oduro,
Yong Ahn Park, Sivaramakrishnan Rajan, Michael Anselme Marc Rosette, Philip
Alexander Symonds and Kensaku Tamaki. Fernando Manuel Maia Pimentel could
not attend the session for reasons beyond his control.
3. The Commission had before it the following documents and communications:
- (a) Provisional agenda (CLCS/L.27);
- (b) Statement by the Chairman of the Commission on the Limits of the
Continental Shelf on the progress of work in the Commission at its twenty-third
session (CLCS/62);
- (c) Submissions made pursuant to article 76, paragraph 8, of the United
Nations Convention on the Law of the Sea, and addressed through the
Secretary- General of the United Nations to the Commission
(Including: ) Yemen (in respect of south-east of Socotra Island); Kenya;
Seychelles (in respect of the Northern Plateau Region);
Submission made by Kenya17
 93. The presentation of the submission to the Commission was made on
3 September 2009 by Wanjuki Muchemi, Solicitor General, Head of the Delegation;
Juster Nkoroi, Chairperson, Task Force on Delineation of Kenya’s Outer
Continental
Shelf; and Simon Njuguna, Geologist and GIS specialist. The delegation of Kenya
also included a number of scientific, legal and technical advisers.
94. Mr. Muchemi indicated that Mr. Brekke, a member of the Commission, had
assisted Kenya by providing scientific and technical advice with respect to the
submission.
95. In reference to paragraph 2 (a) of annex I to the rules of procedure, Ms.
Nkoroi
informed the Commission that there are no unresolved disputes relating to the
submission of Kenya. She also informed the Commission that Kenya had concluded
a Maritime Boundary Agreement with the United Republic of Tanzania on 23 June
2009, which applies to their territorial waters, exclusive economic zone and
continental shelf. She pointed out that the Agreement is also applicable to the
extended continental shelf, after its outer limits are established. She added
that,
pending negotiations with the Transitional Federal Government of the Republic of
Somalia, provisional arrangements of a practical nature had been entered into,
in
accordance with article 83, paragraph 3, of the Convention. These arrangements
are
contained in a memorandum of understanding signed on 7 April 2009, whereby the
parties undertake not to object to the examination of their respective
submissions. In
this connection, Ms. Nkoroi pointed out that one of the notes verbales from
Somalia
dated 19 August 2009 was consistent with the memorandum of understanding and
confirmed that, at an appropriate time, a mechanism will be established to
finalize
the maritime boundary negotiations with Somalia.
96. Ms. Nkoroi stated that, in the view of the Government of Kenya, the
principles
contained in the Statement of Understanding can apply whenever a State is able
to
demonstrate the existence of the special conditions envisaged in the Statement.
In
this connection, she recalled the note verbale from Sri Lanka dated 22 July
2009,
according to which “[…] the principal State referred to in paragraph 3 of the
Statement of Understanding is Sri Lanka”, emphasizing that neither the
Convention
nor the Statement of Understanding make any reference to a “principal State”.
She
also recalled that the note verbale from Sri Lanka does not object to the
consideration of the submission made by Kenya under annex I of the rules of
procedure.
97. The Commission then continued its meeting in private. Addressing the
modalities for the consideration of the submission, the Commission decided that,
as
provided for in article 5 of annex II to the Convention and in rule 42 of the
rules of
procedure, the submission would be addressed by way of a subcommission to be
established in accordance with rule 51, paragraph 4 ter, of the rules of
procedure, at
a future session. The Commission decided to revert to the consideration of the
submission at the plenary level at the time when the submission is next in line
for
consideration as queued in the order in which it was received.
__________________
-
17 Submission made on 6 May 2009; see
www.un.org/depts/los/clcs_new/ submissions_files/ submission_ken_35_2009.htm
- Refer: CLCS/64 , page 21; see
http://www.un.org/Depts/los/clcs_new/commission_documents.htm
- Memorandum of Understanding (MoU), see
http://www.un.org/Depts/los/clcs_new/
submissions_files/preliminary/som_2009_mou.pdf
- Notes verbales from
Somalia
dated 19 August 2009, see
http://www.un.org/Depts/los/clcs_new/
submissions_files/ken35_09/som_re_ken_clcs35.pdf
- Note verbale from Sri Lanka dated 22 July 2009, see
http://www.un.org/Depts/los/clcs_new/
submissions_files/ken35_09/lka_re_ken_clcs35.pdf
Submission made by Seychelles concerning the Northern
Plateau Region21
111. The presentation of the submission to the Commission was made on 31 August
2009 by Ronald Jumeau, Permanent Representative of the Republic of Seychelles to
the United Nations, Head of Delegation; Raymond Chang Tave, Special Adviser,
International Boundaries, Ministry of National Development; Patrick Samson,
Senior Geologist, Seychelles Petroleum Company; Francis Coeur de Lion, Director
of the GIS and Information Technology Support Services, Ministry of National
Development; Patrick Joseph, Geophysicist and Exploration Manager, Seychelles
Petroleum Company.
112. Mr. Jumeau indicated that Mr. Brekke and Mr. Rosette, members of the
Commission, had assisted Seychelles by providing scientific and technical advice
with respect to the submission.
113. In reference to paragraph 2 (a) of annex I to the rules of procedure, he
informed the Commission that the submission was not the subject of any dispute.
114. The Commission then continued its meeting in private. Addressing the
modalities for the consideration of the submission, the Commission decided that,
as
provided for in article 5 of annex II to the Convention and in rule 42 of the
rules of
procedure, the submission would be addressed by way of a subcommission to be
established in accordance with rule 51, paragraph 4 ter, of the rules of
procedure, at
a future session.
_________________
- 21 Submission made on 7 May 2009; see
www.un.org/depts/los/clcs_new/ submissions_files/submission_syc_39_2009.htm
- Refer:
CLCS/64
, bogga 21, page 24; see see
http://www.un.org/Depts/los/ clcs_new/commission_documents.htm
Below are Refeneces of the articles, rules and procedures mentioned
above and used by UN Commission
Paragraph 2 (a) of annex I to the rules of procedure
Annex I, 2(a)
2. In case there is a dispute in the delimitation of the continental shelf
between opposite or adjacent States, or in other cases of unresolved land or
maritime disputes, related to the submission, the Commission shall be:
(a) Informed of such disputes by the coastal States making the submission;
Article 76, paragraph 8, of the UN Convention on the Law of the Sea
Article76 (8)
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.
Article 83, paragraph 3, of the Convention
Article 83 (3)
Delimitation of the continental shelf between States with opposite or adjacent
coasts
1. The delimitation of the continental shelf 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 cooperation, 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 continental shelf shall be
determined in accordance with the provisions of that agreement.
Article 38 of the Statute of the International Court of Justice
1. The Court, whose function is to decide in accordance with
international law such disputes as are submitted to it, shall apply:
- a. international conventions, whether general or particular, establishing rules
expressly recognized by the contesting states;
- b. international custom, as evidence of a general practice accepted as law;
- c. the general principles of law recognized by civilized nations;
- d. subject to the provisions of Article 59, judicial decisions and the teachings
of the most highly qualified publicists of the various nations, as subsidiary
means for the determination of rules of law.
2. This provision shall not prejudice the power of the Court to decide a case ex
aequo et bono, if the parties agree thereto.
Article 5 of annex II of the Convention
Annex II, Article 5
Unless the Commission decides otherwise, the Commission shall function by way of
sub-commissions composed of seven members, appointed in a balanced manner taking
into account the specific elements of each submission by a coastal State.
Nationals of the coastal State making the submission who are members of the
Commission and any Commission member who has assisted a coastal State by
providing scientific and technical advice with respect to the delineation shall
not be a member of the sub-commission dealing with that submission but has the
right to participate as a member in the proceedings of the Commission concerning
the said submission. The coastal State which has made a submission to the
Commission may send its representatives to participate in the relevant
proceedings without the right to vote.
Rule 42 of the rules of procedure
Rule 42 - Subcommissions
1. If, in accordance with article 5 of Annex II to the Convention, the
Commissiondecides to establish a subcommission for the consideration of a submission, it
shall:
(a) Identify any members of the Commission who are defined as ineligible,in accordance with article 5 of Annex II to the Convention, i.e. nationals of
thecoastal State making the submission and members who have assisted the coastalState by providing scientific and technical advice with respect to the
delineation;
(b) Identify any members of the Commission who may, for other reasons, beperceived to have a conflict of interest regarding the submission, e.g., members
whoare nationals of a State which may have a dispute or unresolved border with thecoastal State;
(c) Through informal consultations among the members of the Commission,nominate candidates for the subcommission other than those identified insubparagraph (a), taking into account the factors regarding the members
identifiedin paragraph (b), and the specific elements of the submission as well as, to theextent possible, the need to ensure a scientific and geographical balance; and
(d) Appoint from among the nominated candidates seven members of thesubcommission.
2. The term of a subcommission shall extend from the time of its appointment tothe time that the submitting coastal State deposits, in accordance with article
76,paragraph 9, of the Convention, the charts and relevant information, includinggeodetic data, regarding the outer limits for that part of the continental shelf
forwhich the submission was originally made.
3. A member of the Commission can be appointed to be a member of more thanone subcommission. Members of the Commission identified under subparagraph1 (a) have the right to participate as members in the proceedings of the
Commissionconcerning the said submission. Such members, by prior consultation and
agreementwithin the subcommission, may be invited to participate in the proceedings of
thesubcommission on specific issues concerning the said submission without the
rightto vote.
Rule 51, paragraph 4 ter, of the rules of procedure
Rule 51 - Consideration of the submission
4 ter. The submissions shall be queued in the order they are received. Thesubmission next in line shall be taken for consideration by a subcommission onlyafter one of the three working subcommissions presents its recommendations to
theCommission.
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