{"id":13340,"date":"2022-08-29T19:35:29","date_gmt":"2022-08-29T19:35:29","guid":{"rendered":"http:\/\/legalblog.ie\/?p=13340"},"modified":"2024-02-11T10:10:21","modified_gmt":"2024-02-11T10:10:21","slug":"continental-shelf","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/continental-shelf\/","title":{"rendered":"Continental Shelf"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/continental-shelf\/#Continental_Shelf_Convention\" title=\"Continental Shelf Convention\">Continental Shelf Convention<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/continental-shelf\/#Designation_of_Continental_Shelf\" title=\"Designation of Continental Shelf\">Designation of Continental Shelf<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/continental-shelf\/#CSC_Issues\" title=\"CSC Issues\">CSC Issues<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/continental-shelf\/#Rockall\" title=\"Rockall\">Rockall<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/continental-shelf\/#Installations\" title=\"Installations\">Installations<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/continental-shelf\/#Deep_Seabed\" title=\"Deep Seabed\">Deep Seabed<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Continental_Shelf_Convention\"><\/span>Continental Shelf Convention<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Continental Shelf Ireland signed but has not ratified the Convention on the Continental Shelf 1958.\u00a0 Ireland ratified the Law of the Sea Convention in 1996.\u00a0 However, Ireland has thereby effectively adopted the convention.<\/p>\n<p>Under the CSC, the Continental Shelf extends to the seabed and subsoil of submarine areas adjacent to the coast outside the limit of the territorial sea to a depth of 200 metres or beyond that limit to where the depth of the subjacent water admits the exploitation of the natural resources of the said areas and to the seabed and subsoil of similar submarine areas adjacent to the coast of islands.<\/p>\n<p>The Continental Shelf Act 1968 vests the right to the State outside territorial waters over the seabed and subsoil for the purpose of exploring the seabed and exploiting their natural resources in the Minister. Natural resources are generally understood to refer to mineral and other non-living resources of the seabed and subsoil together with living organisms belonging to sedentary species, i.e., organisms which at the harvestable stage are either immobile on or under the seabed or are unable to move except in constant contact with the seabed or subsoil.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Designation_of_Continental_Shelf\"><\/span>Designation of Continental Shelf<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Continental Shelf Act permits the government to designate any area as an area over which the above rights may be exercised.\u00a0 The rights are accordingly exercised when the government designates an area. The State may have made orders under the Continental Shelf Act by statutory instrument.\u00a0 The offshore areas have been progressively expanded and are being consolidated from time to time.<\/p>\n<p>Ireland has an extensive Continental Shelf due to its geographical location.\u00a0 It may extend to 450 miles and considerably more at some points. The present designations extend a considerable distance into the Atlantic and exceed the land mass of Ireland many times.<\/p>\n<p>The modern definition of the Continental Shelf under the Law of the Sea Convention provides that it is the seabed and subsoil of the submarine areas which extend beyond its territorial areas 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 baseline from which the breadth of the territorial sea is measured where the outer edge of the continental margin does not extend to that distance.<\/p>\n<p>The above definition is subject to certain limitations under the Law of the Sea Convention. The outer edge of the margin is fixed by reference to the outermost fixed point at which the thickness of sedimentary rocks at least one per cent of the shortest distance from such point to the foot of the continental shelf or a line delineated by reference to a fixed point, \u00a0not more than 60 miles from the foot of the continental slope. The fixed points are not to exceed 100 nautical miles in the 2,500-meter isobath.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"CSC_Issues\"><\/span>CSC Issues<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Some designations conflict due to the absence of an agreed boundary for the Continental Shelf.\u00a0 Some of the Ireland and UK designations conflict, particularly in the northwest area around the island of Rockall.\u00a0 Britain and Ireland have agreed to submit disputes to settlement by international arbitration.<\/p>\n<p>Rights to the Continental Shelf are not lost by non-exercise under the Law of the Sea Convention.\u00a0 However, in marginal cases, protests are appropriate to preserve claims for potential arbitration.<\/p>\n<p>Although not formally a principle, the International Court of Justice may take account of the effective position of principles similar to estoppel.\u00a0 Although it is not formally part of the law, \u00a0principles of acquiescence and estoppel are likely to apply.<\/p>\n<p>There are considerable definitional uncertainties regarding the extent of the Continental Shelf.\u00a0 This is an ongoing issue under the United Nations Conference on the Law of the Sea and is evolving.\u00a0 States prepare their submissions based on criteria which have been the subject of negotiations and discussions.<\/p>\n<p>The point comprising the line of the outer limits of the Continental Shelf of the seabed drawn in accordance with LOSC criteria is not to exceed 350 miles from the baseline or shall not exceed 100 nautical miles from 2,500-meter isobath, which is the line connecting the depth of 2,500 meters.\u00a0 However, the identity of the 2,500-metre isobaths and how it is assessed tell the subject to contrary arguments.\u00a0 States must produce scientific evidence of the outer limits.<\/p>\n<p>Party states may submit a claim on the extent of the Continental Shelf to the Commission on the limits of the Continental Shelf.\u00a0 The Commission makes recommendations based on the submission and the criteria above. This is necessary with respect to claims to the Continental Shelf outside the 200 nautical miles zone.\u00a0 The Commission does not examine submissions by states in dispute unless all parties agree.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Rockall\"><\/span>Rockall<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Ireland has sought to maintain at the UN Conferences on the Law of the Sea that rocks, in particular Rockall, do not generate its own Continental Shelf.\u00a0 The UK annexed Rockall in the 1950s for military purposes. It is a small uninhabitable rock off the northwest Irish coast.\u00a0 The United Kingdom has pursued its claim in the Rockall region based on connection with the Scottish mainland and the claim has been downplayed in recent years.<\/p>\n<p>The Island of Rockall Act 1972 by the United Kingdom parliament laid claim to the island\/ rock, which is the remaining overwater part of a vast underwater plateau larger than the island of Ireland.\u00a0 Ireland has not made a formal claim to the rock but has denied that is capable of generating an entitlement in international law to a Continental Shelf designation. Denmark and Iceland have similarly rejected a claim that the rock generates any seabed rights.<\/p>\n<p>Negotiations have been ongoing with a view to reaching an agreement on the territorial rights to the Rockall Hatton Basin.\u00a0 Representatives of four countries claiming rights, the UK, Ireland, Iceland and Denmark, entered negotiations over the rights.<\/p>\n<p>The boundary will be determined by the United Nations Commission on the limits of the Continental Shelf.\u00a0 The Parties have a number of years in which to make submissions.\u00a0 This relates to the territorial rights over the Continental Shelf in the area rather than the ownership of the island. \u00a0It is likely that the states will come to a deal on the division of the seabed in the area.<\/p>\n<p>The agreement between Britain and Ireland on the Continental Shelf delineation has effectively removed the significance of ownership of Rockall from a non-continental shelf resources perspective and the 200-mile economic zone perspective.<\/p>\n<p>The UK has rolled back its 200-mile fishery zone based on Rockall.\u00a0 The island may still have significance as a cut-off point reference to a continental claim based on the British mainland, although it is not clear that this is sustainable.<\/p>\n<p>Both Denmark, the Faroe Island and Iceland made designations over the Rockall plateau, which overlap existing Irish designations. Ireland has not opened up blocks in the disputed Rockall region and has limited its 1998 frontier licensing round to within 200 miles of the Irish coast. It may be that the ultimate arrangements involve revenue sharing in respect of seabed resources beyond the 200 mile limit in the Rockall area.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Installations\"><\/span>Installations<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Ireland has claimed criminal jurisdiction over acts or omissions on installations or within 500 meters of them in designated or functional designated areas.\u00a0 The acts or omissions must be connected with the desecration of the seabed or the exploitation of its resources.\u00a0 Civil r jurisdiction is similarly claimed.<\/p>\n<p>The consent of the Minister\/Department is required to place any structure in the designated areas.\u00a0 This may be refused if it would cause an obstruction to navigation.\u00a0 The Minister may, for the purpose of protecting installation, prohibit ships from entering designated areas specified in the order. Statutory instruments have been made in respect of the Kinsale, Ballycotton and Corrib fields.<\/p>\n<p>A coastal state has exclusive jurisdiction under the Law with the Sea Convention over a person&#8217;s physical health, safety, and immigration matters, including health and safety concerning structures and installations. There is a significant amount of environmental legislation related to the protection of the sea environment.<\/p>\n<p>A Safety Zone is established around the installation of 500 metres. Ships may not enter without consent of the Minister in accordance with the international law of the sea convention.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Deep_Seabed\"><\/span>Deep Seabed<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The rights in respect of the Continental Shelf do not extend to the deep seabed beyond the limits of national jurisdiction.\u00a0 The deep ocean floor is regarded as an international resort for the common heritage of mankind.\u00a0 The Continental Shelf stretches out to the outer edge of the Continental margin only.<\/p>\n<p>The technology for mining and accessing resources in the deep seabed is not yet available.\u00a0 The United Nations General Assembly has declared that the states are bound to refrain from activists of exploitation of the resources of the area of the seabed and ocean floor and subsoil beyond the limit of national jurisdiction pending the establishment of an international regime.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-13340\" data-postid=\"13340\" class=\"themify_builder_content themify_builder_content-13340 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Continental Shelf Convention The Continental Shelf Ireland signed but has not ratified the Convention on the Continental Shelf 1958.\u00a0 Ireland ratified the Law of the Sea Convention in 1996.\u00a0 However, Ireland has thereby effectively adopted the convention. Under the CSC, the Continental Shelf extends to the seabed and subsoil of submarine areas adjacent to the [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[192],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/13340"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=13340"}],"version-history":[{"count":4,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/13340\/revisions"}],"predecessor-version":[{"id":31677,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/13340\/revisions\/31677"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=13340"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=13340"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=13340"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}