PART VI

 CONTINENTAL SHELF

 Article 76. Definition of the continental shelf

 1. The continental shelf of a coastal State comprises the sea-bed 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. 

 2. The continental shelf of a coastal State shall not extend beyond  the limits provided for in paragraphs 4 to 6. 

 3. The continental margin comprises the submerged prolongation of the  land mass of the coastal State, and consists of the sea-bed and  subsoil of the shelf, the slope and the rise. It does not include the  deep ocean floor with its oceanic ridges or the subsoil thereof. 

 4. (a) For the purposes of this Convention, the coastal State shall  establish the outer edge of the continental margin wherever the margin  extends beyond 200 nautical miles from the baselines from which the  breadth of the territorial sea is measured, by either: 

 (i) a line delineated in accordance with paragraph 7 by reference to  the outermost fixed points at each of which  the thickness of sedimentary rocks is at least l per cent of the  shortest distance from such point to the foot of the continental  slope; or 

 (ii) a line delineated in accordance with paragraph 7 by reference to  fixed points not more than 60 nautical miles from the foot of the  continental slope. 

 (b) In the absence of evidence to the contrary, the foot of the  continental slope shall be determined as the point of maximum change  in the gradient at its base. 

 5. The fixed points comprising the line of the outer limits of the  continental shelf on the sea-bed, drawn in accordance with paragraph 4  (a) (i) and (ii), either shall not exceed 350 nautical miles from the  baselines from which the breadth of the territorial sea is measured or  shall not exceed 100 nautical miles from the 2,500 metre isobath,  which is a line connecting the depth of 2,500 metres. 

 6. Notwithstanding the provisions of paragraph 5, on submarine ridges,  the outer limit of the continental shelf shall not exceed 350 nautical  miles from the baselines from which the breadth of the territorial sea  is measured. This paragraph does not apply to submarine elevations  that are natural components of the continental margin, such as its  plateaux, rises, caps, banks and spurs. 

 7.  The coastal State shall delineate the outer limits of its  continental shelf, where that shelf extends beyond 200 nautical miles  from the baselines from which the breadth of the territorial sea is  measured, by straight lines not exceeding 60 nautical miles in length,  connecting fixed points, defined by co-ordinates of latitude and  longitude. 

 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.

 9. The coastal State shall deposit with the Secretary-General of the  United Nations charts and relevant information, including geodetic  data, permanently describing the outer limits of its continental  shelf. The Secretary-General shall give due publicity thereto.

 10. The provisions of this article are without prejudice to the  question of delimitation of the continental shelf between States with  opposite or adjacent coasts.

 Article 77. Rights of the coastal State over the continental shelf

 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 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  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 this Part consist of the  mineral and other non-living resources of the sea-bed 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 sea-bed or are unable to move except in constant  physical contact with the sea-bed or the subsoil.

 Article 78. Legal status of the superjacent waters and air space and  the rights and freedoms of other States

 1. The rights of the coastal State over the continental shelf do not  affect the legal status of the superjacent waters or of the air space  above those waters.

 2.  The exercise of the rights of the coastal State over the  continental shelf must not infringe or result in any unjustifiable  interference with navigation and other rights and freedoms of other  States as provided for in this Convention.

 Article 79. Submarine cables and pipelines on the continental shelf

 1. All States are entitled to lay submarine cables and pipelines on  the continental shelf, in accordance with the provisions of this  article.

 2. Subject to its right to take reasonable measures for the explora  tion of the continental shelf, the exploitation of its natural  resources and the prevention, reduction and control of pollution from  pipelines, the coastal State may not impede the laying or maintenance  of such cables or pipelines.

 3. The delineation of the course for the laying of such pipelines on  the continental shelf is subject to the consent of the coastal State.

 4. Nothing in this Part affects the right of the coastal State to  establish conditions for cables or pipelines entering its territory or  territorial sea, or its jurisdiction over cables and  pipelines  constructed or used in connection with the exploration of  its  continental shelf or exploitation of its resources or the operations  of  artificial islands, installations and structures  under  its  jurisdiction.

 5. When laying submarine cables or pipelines, States shall have due  regard to cables or pipelines already in position. In particular,  possibilities of repairing existing cables or pipelines shall not be  prejudiced.

 Article 80. Artificial islands, installations and structures on the  continental shelf

 Article  60  applies  mutatis mutandis  to  artificial  islands,  installations and structures on the continental shelf.

 Article 81. Drilling on the continental shelf

 The coastal State shall have the exclusive right to authorize and  regulate drilling on the continental shelf for all purposes.

 Article  82.  Payments and contributions with  respect  to  the  exploitation of the continental shelf beyond 200 nautical miles

 1. The coastal State shall make payments or contributions in kind in  respect of the exploitation of the non-living resources of the con  tinental shelf beyond 200 nautical miles from the baselines from which  the breadth of the territorial sea is measured.

 2. The payments and contributions shall be made annually with respect  to all production at a site after the first five years of production  at that site. For the sixth year, the rate of payment or contribution  shall be 1 per cent of the value or volume of production at the site.  The rate shall increase by 1 per cent for each subsequent year until  the twelfth year and shall remain at 7 per cent thereafter. Production  does not include resources used in connection with exploitation.

 3. A developing State which is a net importer of a mineral resource  produced from its continental shelf is exempt from making such  payments or contributions in respect of that mineral resource.

 4. The payments or contributions shall be made through the Authority,  which shall distribute them to States Parties to this Convention, on  the basis of equitable sharing criteria, taking into account the  interests and needs of developing States, particularly the least  developed and the land-locked among them.

 Article 83. 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 co-operation, 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 84. Charts and lists of geographical co-ordinates

 1. Subject to this Part, the outer limit lines of the continental  shelf and the lines of delimitation drawn in accordance with article  83 shall be shown on charts of a scale or scales adequate for  ascertaining their position. Where appropriate, lists of geographical  co-ordinates of points, specifying the geodetic datum,  may  be  substituted for such outer limit lines or lines of delimitation.

 2. The coastal State shall give due publicity to such charts or lists  of geographical co-ordinates and shall deposit a copy of each such  chart or list with the Secretary-General of the United Nations and, in  the case of those showing the outer limit lines of the continental  shelf, with the Secretary-General of the Authority.

 Article 85. Tunnelling

 This Part does 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.

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