CONVENTION ON THE CONTINENTAL SHELF DON AT GENEVA, ON 29 APRIL 1958

CONVENTION ON THE CONTINENTAL SHELF.

DONE AT GENEVA, ON 29 APRIL 1958

ENTRY INTO FORCE: 10 June 1964

The States Parties to this Convention

Have agreed as follows:

                              Article 1

For the purpose of these articles, the term "continental shelf" is used as

referring (a) to the seabed and subsoil of the submarine areas adjacent to

the coast but outside the area of the territorial sea, to a depth 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; (b)

to the seabed and subsoil of similar submarine areas adjacent to the coasts

of islands.

                              Article 2

1. The coastal State exercises over the continental shelf sovereign rights

for the purpose of exploring it and exploiting its natural resources.

2. The rights referred to in paragraph 1 of this article are exclusive in

the sense that if the coastal State does not explore the continental shelf

or exploit its natural resources, no one may undertake these activities, or

make a claim to the continental shelf, without the express consent of the

coastal State.

3. The rights of the coastal State over the continental shelf do not depend

on occupation, effective or notional, or on any express proclamation.

4. The natural resources referred to in these articles 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.

                              Article 3

The rights of the coastal State over the continental shelf do not affect

the legal status of the superjacent waters as high seas, or that of the

airspace above those waters.

                              Article 4

Subject to its right to take reasonable measures for the exploration of the

continental shelf and the exploitation of its natural resources, the

coastal State may not impede the laying or maintenance of submarine cables

or pipe lines on the continental shelf.

                              Article 5

1. The exploration of the continental shelf and the exploitation of its

natural resources must not result in any unjustifiable interference with

navigation, fishing or the conservation of the living resources of the sea,

nor result in any interference with fundamental oceanographic or other

scientific research carried out with the intention of open publication.

2. Subject to the provisions of paragraphs 1 and 6 of this article, the

coastal State is entitled to construct and maintain or operate on the

continental shelf installations and other devices necessary for its

exploration and the exploitation of its natural resources, and to establish

safety zones around such installations and devices and to take in those

zones measures necessary for their protection.

3. The safety zones referred to in paragraph 2 of this article may extend

to a distance of 500 metres around the installations and other devices

which have been erected, measured from each point of their outer edge.

Ships of all nationalities must respect these safety zones.

4. Such installations and devices, though under the jurisdiction of the

coastal State, do not possess the status of islands. They have no

territorial sea of their own, and their presence does not affect the

delimitation of the territorial sea of the coastal State.

5. Due notice must be given of the construction of any such installations,

and permanent means for giving warning of their presence must be

maintained. Any installations which are abandoned or disused must be

entirely removed.

6. Neither the installations or devices, nor the safety zones around them,

may be established where interference may be caused to the use of

recognized sea lanes essential to international navigation.

7. The coastal State is obliged to undertake, in the safety zones, all

appropriate measures for the protection of the living resources of the sea

from harmful agents.

8. The consent of the coastal State shall be obtained in respect of any

research concerning the continental shelf and undertaken there.

Nevertheless the coastal State shall not normally withhold its consent if

the request is submitted by a qualified institution with a view to purely

scientific research into the physical or biological characteristics of the

continental shelf, subject to the proviso that the coastal State shall have

the right, if it so desires, to participate or to be represented in the

research, and that in any event the results shall be published.

                              Article 6

1. Where the same continental shelf is adjacent to the territories of two

or more States whose coasts are opposite each other, the boundary of the

continental shelf appertaining to such States shall be determined by

agreement between them. In the absence of agreement, and unless another

boundary line is justified by special circumstances, the boundary is the

median line, every point of which is equidistant from the nearest points of

the baselines from which the breadth of the territorial sea of each State

is measured.

2. Where the same continental shelf is adjacent to the territories of two

adjacent States, the boundary of the continental shelf shall be determined

by agreement between them. In the absence of agreement, and unless another

boundary line is justified by special circumstances, the boundary shall be

determined by application of the principle of equidistance from the nearest

points of the baselines from which the breadth of the territorial sea of

each State is measured.

3. In delimiting the boundaries of the continental shelf, any lines which

are drawn in accordance with the principles set out in paragraphs 1 and 2

of this article should be defined with reference to charts and geographical

features as they exist at a particular date, and reference should be made

to fixed permanent identifiable points on the land.

                              Article 7

The provisions of these articles shall not prejudice the right of the

coastal State to exploit the subsoil by means of tunnelling irrespective of

the depth of water above the subsoil.

                              Article 8

This Convention shall, until 31 October 1958, be open for signature by all

States Members of the United Nations or of any of the specialized agencies,

and by any other State invited by the General Assembly of the United

Nations to become a Party to the Convention.

                              Article 9

This Convention is subject to ratification. The instruments of ratification

shall be deposited with the Secretary-General of the United Nations.

                              Article 10

This Convention shall be open for accession by any States belonging to any

of the categories mentioned in article 8. The instruments of accession

shall be deposited with the Secretary-General of the United Nations.

                              Article 11

1. This Convention shall come into force on the thirtieth day following the

date of deposit of the twenty-second instrument of ratification or

accession with the Secretary-General of the United Nations.

2. For each State ratifying or acceding to the Convention after the deposit

of the twenty-second instrument of ratification or accession, the

Convention shall enter into force on the thirtieth day after deposit by

such State of its instrument of ratification or accession.

                              Article 12

1. At the time of signature, ratification or accession, any State may make

reservations to articles of the Convention other than to articles 1 to 3

inclusive.

2. Any Contracting State making a reservation in accordance with the

preceding paragraph may at any time withdraw the reservation by a

communication to that effect addressed to the Secretary-General of the

United Nations.

                              Article 13

1. After the expiration of a period of five years from the date on which

this Convention shall enter into force, a request for the revision of this

Convention may be made at any time by any Contracting Party by means of a

notification in writing addressed to the Secretary-General of the United

Nations.

2. The General Assembly of the United Nations shall decide upon the steps,

if any, to be taken in respect of such request.

                              Article 14

The Secretary-General of the United Nations shall inform all States Members

of the United Nations and the other States referred to in article 8:

 (a) Of signatures to this Convention and of the deposit of instruments of

     ratification or accession, in accordance with articles 8, 9 and 10;

 (b) Of the date on which this Convention will come into force, in

     accordance with article 11;

 (c) Of requests for revision in accordance with article 13;

 (d) Of reservations to this Convention, in accordance with article 12.

                              Article 15

The original of this Convention, of which the Chinese, English, French,

Russian and Spanish texts are equally authentic, shall be deposited with

the Secretary-General of the United Nations, who shall send certified

copies thereof to all States referred to in article 8.

IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized

thereto by their respective Governments, have signed this Convention.

DONE at Geneva, this twenty-ninth day of April one thousand nine hundred

and fifty-eight.

Drs.Simon Arnold Julian Jacob