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Seminar on the Establishment of the Outer Limits of the Continental Shelf beyond 200 Nautical Miles under UNCLOS (Feb. 27, 2008)

2008.04.02

1. Report of the Seminar

In accordance with the United Nations Convention on the Law of the Sea (UNCLOS), Coastal States can extend their continental shelf beyond 200 nautical miles if the outer edge of the continental margin extends beyond that distance. Coastal States shall make their interpretation and application of relevant provisions of UNCLOS and submit scientific information on the limits of the continental shelf to the Commission on the Limits of the Continental Shelf (CLCS). At the same time, the rapid progress in the Earth Sciences since the adoption of UNCLOS raises the question of how to properly interpret and apply the provisions of UNCLOS when making submission to CLCS.

In light of these developments, OPRF held a "Seminar on the Establishment of the Outer Limits of the Continental Shelf beyond 200 Nautical Miles under UNCLOS" on February 27th. The purpose of the seminar was to provide an opportunity to share views about the relevant provisions on the continental shelf with various experts, such as international lawyers, practitioners and scientists, leading to a better understanding of the problem and how it should be dealt with.

At the seminar, the issue of the continental shelf was addressed from international legal perspectives as well as from scientific and practical ones. In Session One, the legal regime of the extended continental shelf was discussed. Lectures were delivered on how article 76 of UNCLOS defines the continental shelf, what is needed for the extension of the continental shelf beyond 200 nautical miles, and how article 82 stipulates the revenue sharing scheme to be applied to the exploitation of resources on the extended continental shelf. At the following session, experts addressed the issues such practical difficulties as how article 76 is to be applied from the perspective of the Earth Science, and how CLCS deals with the submissions by coastal States. At both sessions, active discussions were held between lecturers and participants of the seminar. Dr. Yong Ahn Park (Korea) and Dr. Abu Bakar Jaafar (Malaysia), both members of the CLCS, were also in attendance.

A reception was held after the seminar with many participants. They enjoyed and exchanged views on the continental shelf issues. We were honored with the presence and greetings of Mr. Tetsuzo Fuyushiba, Minister for Ocean Policy.

2. Summary of the Program

Date Wednesday, February 27, 2008
13:30-18:00 (Seminar) 18:15-19:30 (Reception)
Venue Nippon Zaidan Building (1-2-2 Akasaka, Minato-ku, Tokyo)
Organized by Ocean Policy Research Foundation
Sponsored by The Nippon Foundation
Supported by Headquarters for Ocean Policy
Ministry of Foreign Affairs
Ministry of Education, Culture, Sports, Science and Technology
Ministry of Economy, Trade and Industry
Japan Coast Guard
Participants About 190 persons
Detail of the Program
13:30-13:40 Opening remarks
Mr. Masahiro Akiyama
Chairman of Ocean Policy Research Foundation
13:40-15:25
Session 1: Legal regime of the extended continental shelf
Chairperson
Professor Emeritus Tadao Kuribayashi

Keio University, Japan
13:40-13:45 Introduction by Chairperson
13:45-14:25 The outer limits of the continental shelf beyond 200 nautical miles under the framework of article 76 of the United Nations Convention on the Law of the Sea
Speaker
Dr. Alex Oude Elferink

Senior Research Associate, the Netherlands Institute for the Law of the Sea, University of Utrecht, the Netherlands
14:25-15:05 The Revenue Sharing Scheme under Article 82 of the United Nations Convention on the Law of the Sea - A Plethora of Entangling Issues -
Speaker
Prof. Atsuko Kanehara

Faculty of Law, Rikkyo University, Japan
15:05-15:25 Question & Answer
15:25-15:45 Coffee Break
15:45-18:00
Session 2: Implementation of Article 76 - Its difficulties -
Chairperson
Prof. Moritaka Hayashi

School of Law, Waseda University, Japan
15:45-15:50 Introduction by Chairperson
15:50-16:30 Article 76, variations in annotation and implementation seen in the submission documents for the claim of the Extended Continental Shelf
Speaker
Mr. Shin Tani

Chairman of IHO/IAG Advisory Board on the Law of the Sea (ABLOS)
16:30-17:00 Process of Consideration of Submissions of Coastal States
Speaker
Prof. Kensaku Tamaki

Professor, Graduate School of Engineering, University of Tokyo, Japan / Member of Commission on the Limits of the Continental Shelf (CLCS)
17:00-17:40   Functions of DOALOS as the Secretariat of CLCS and its role in implementing UNCLOS
Speaker
Dr. Václav Mikulka

Director, Division for Ocean Affairs and the Law of the Sea (DOALOS), United Nations Secretariat
17:40-18:00 Question & Answer
18:00 Closing / Photographs
18:15-19:30 Reception
* This seminar was carried out by the OPRF's project "Support for delineation of the Outer Continental Shelf" under the patronage of The Nippon Foundation from the proceeds of motorboat racing.

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