BRAZILIAN NAVY

DIRECTORATE OF HYDROGRAPHY AND NAVIGATION (DHN)

The work of the Commission on the Limits of the Continental Shelf (CLCS) Seminar on Marine Mineral Resources of the South and Equatorial Atlantic Ocean Rio de Janeiro, 26 28 November, 2008

Alexandre Tagore Albuquerque Chairman of the CLCS 55-21-2189 3019 55-21-9677 9495 aalbuquerque@hotmail.com

UNITED NATIONS CONVENTION ON THE LAW OF THE SEA (UNCLOS)

Attempts have been made through the years to regulate the use of the

oceans in a single convention that is acceptable to all nations. This effort finally culminated with the adoption of the 1982 United Nations Convention on the Law of the Sea, which has gained nearly universal acceptance since its entry into force on 16 November 1994. The 1982 United Nations Convention on the Law of the Sea provides, for the first time, a universal legal framework for the rational management of marine resources and their conservation for future generations. Rarely has such radical change been achieved peacefully, by consensus of the world community. It has thus been hailed as the most important international achievement since the approval of the United Nations Charter in 1945.
Source: website of Division for Ocean Affairs and the Law of the Sea (DOALOS) (www.un.org/Depts/los/oceans_foundation.htm)

MARITIME LIMITS

INTERNAL WATERS

12 M TERRITORIAL SEA 24 M CONTIGUOUS ZONE BASELINES 200 M ECONOMIC EXCLUSIVE ZONE HIGH SEA

MINIMUM CONTINENTAL SHELF

350 M EXTENDED CONTINENTAL SHELF

AREA

UNITED NATIONS CONVENTION ON THE LAW OF THE SEA (UNCLOS)

Article 76 1. The continental shelf of a coastal State 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

UNITED NATIONS CONVENTION ON THE LAW OF THE SEA (UNCLOS)

The link with the seminar on marine mineral resources Article 77 1. 2. The coastal State exercises over the continental shelf sovereign rights for the purpose of exploring it and exploiting its natural resources. 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 resources, no one may undertake these activities without the express consent of the coastal State. The rights of the coastal State over the continental shelf do not depend on occupation, effective or notional, or on any express proclamation. The natural resources referred to in this Part consist of the mineral and other non-living resources of the seabed 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 seabed or are unable to move except in constant physical contact with the seabed or the subsoil.

3. 4.

UNITED NATIONS CONVENTION ON THE LAW OF THE SEA (UNCLOS)

Annex II, Article 4 Where a coastal State intends to establish, in accordance with article 76, the outer limits of its continental shelf beyond 200 nautical miles, it shall submit particulars of such limits to the Commission (on the Limits of the Continental Shelf, CLCS) along with supporting scientific and technical data as soon as possible but in any case within 10 years of the entry into force of the Convention for that State.

UNITED NATIONS CONVENTION ON THE LAW OF THE SEA (UNCLOS)

Article 1, paragraph 2

. States Parties means States which have consented to be bound by the

Convention and for which the Convention is in force.
Decision taken by the XVIII Meeting of the States Parties (13 20 June, 2008) (Document SPLOS/183)

(a) It is understood that the time period referred to in article 4 of annex II to the Convention and the decision contained in SPLOS/72, paragraph (a), may be satisfied by submitting to the Secretary-General preliminary information indicative of the outer limits of the continental shelf beyond 200 nautical miles and a description of the status of preparation and intended date of making a submission in accordance with the requirements of article 76 of the Convention and with the Rules of Procedure and the Scientific and Technical Guidelines of the Commission on the Limits of the Continental Shelf; (b) Pending the receipt of the submission in accordance with the requirements of article 76 of the Convention and with the Rules of Procedure and the Scientific and Technical Guidelines of the Commission, preliminary information submitted in accordance with subparagraph (a) above shall not be considered by the Commission.

BRAZILIAN SUBMISSION

Extended Continental Shelf 960.000 km2

UNITED NATIONS CONVENTION ON THE LAW OF THE SEA (UNCLOS)

COMMISSION ON THE LIMITS OF THE CONTINENTAL SHELF (CLCS) INTERNATIONAL SEABED AUTHORITY (ISA) INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA (ITLOS)

COMMISSION ON THE LIMITS OF THE CONTINENTAL SHELF (Commission, CLCS)

In accordance with Annex II to the UNCLOS: . 21 members experts in geology, geophysics or hydrography, elected by States Parties to the UNCLOS, who shall serve in their personal capacity Members shall be elected for a term of 5 years and they shall be eligible for re-election The State Party which submitted the nomination of a member shall defray the expenses of that member while in performance of Commission duties

. .

COMMISSION ON THE LIMITS OF THE CONTINENTAL SHELF (Commission, CLCS)

In accordance with article 3, Annex II to the UNCLOS: The functions of the Commission are: (a) To consider the data and other material submitted by coastal States concerning the outer limits of the continental shelf, and make recommendations in accordance article 76 b) To provide scientific and technical advice, if requested by the coastal State concerned during the preparation of the data referred to in (a)

COMMISSION ON THE LIMITS OF THE CONTINENTAL SHELF (Commission, CLCS)

In accordance with Annex II, article 4 of the UNCLOS, unless the Commission decides otherwise, the Commission shall function by way of subcommissions composed of seven members, appointed in a balanced manner taking into account the specific elements of each submission by a coastal State.

COMMISSION ON THE LIMITS OF THE CONTINENTAL SHELF (Commission, CLCS)

Documents of the Commission

. CLCS/40/Rev.1 Rules of Procedure . CLCS/11 Scientific and Technical Guidelines . CLCS/47 Internal Code of Conduct . CLCS/22 Basic Flowchart for preparation of a submission Note: All these documents are available in the DOALOS website (http://www.un.org/Depts/los/clcs_new/clcs_home.htm)

COMMISSION ON THE LIMITS OF THE CONTINENTAL SHELF (Commission, CLCS)

Members of the Commission (Period of 2007 2012)
. AFRICA Mr. Awosika (Nigeria) Mr. Fagoonee (Mauritius) Mr. Kalngui (Cameroon) Mr. Oduro (Ghana) Mr. Rosette (Seychelles) . GRULAC . ASIA Mr. Jaafar (Malaysia) Mr. Lu (China) Mr. Park (Korea) Mr. Rajan (India) Mr. Tamaki (Japan) Mr. German (Romania) Mr. Jaoshvili (Georgia) Mr. Kazmin (Russia) . WEOG Mr. Brekke (Norway) Mr. Croker (Ireland) Mr. Pimentel (Portugal) Mr. Symonds (Australia) Mr. Albuquerque (Brazil) Mr. Astiz (Argentina) Mr. Carrera (Mexico) Mr. Charles (Trinidad&Tobago)

. EEG

COMMISSION ON THE LIMITS OF THE CONTINENTAL SHELF (Commission, CLCS)

Submissions 2001 2004 Russian Federation (recommendations already issued) Brazil (recommendations already issued) Australia (recommendations already issued) Ireland (recommendations already issued) New Zealand (recommendations already issued) France/Ireland/Spain/UK (final stage, recommendations not issued yet) Norway (final stage, recommendations not issued yet) France (final stage, recommendations not issued yet) Mexico (under examination of the subcommission) Barbados (subcommission not established yet) UK (subcommission not established yet) Indonesia (presentation to the CLCS to be given next Session, March-April, 2009) Japan (presentation to the CLCS to be given next Session, March-April, 2009)

2005 2006

2007

2008

COMMISSION ON THE LIMITS OF THE CONTINENTAL SHELF (Commission, CLCS)

Future Sessions XXIII Session (2 March 9 April, 2009) . Consideration of the recommendations in relation to the submissions made by FISU, Norway and France . Brazil request for clarifications in relation to the recommendations . Expenses of members (Meeting of States Parties) . Unified format of the recommendations . Presentation of the submissions made by Indonesia and Japan . Establishmente of the subcommissions to examine the submissions made by Barbados and UK XXIV Session (10 August 11 September) . Adoption of the recommendations in relation to the submmissions made by FISU, Norway and France . Presentation of submissions to be made until May 2009

COMMISSION ON THE LIMITS OF THE CONTINENTAL SHELF (Commission, CLCS)

The workload of the Commission

. The Commission has already received 13 submissions. . Five sets of recommendations have been already issued . Three submissions are in the final stage of examination . One submission is in the begining of its examination . Two submissinos have been already lodged but the Commission did not establish the correspondent subcommissions . Two submissions are going to be presented to the Commission during the next Session

COMMISSION ON THE LIMITS OF THE CONTINENTAL SHELF (Commission, CLCS)

The workload of the Commission

. In spite of the increasing workload, the Commission is able to discharge its responsibilities in accordance with the dispositions of the UNCLOS, the Rules of Procedure and the Scientific and Technical Guidelines. . Furthermore, it should be highlighted that appreciation for the work of the Commisssion was expressed by several delegations during the XVIII States Parties Meeting (13 20 June, 2008), and a number of them had commended the Commission for its work.

THANK YOU