MercoPress. South Atlantic News Agency

UK submits extended continental shelf claim around Falklands

The United Kingdom made on Tuesday 11 May 2009, its submission in respect of its extended continental shelf around the Falkland Islands, and South Georgia and the South Sandwich Islands.

The UK submission was made to the UN Commission on the Limits of the Continental Shelf. This body will consider the data presented by the UK, with a view to determining the extent of the UK continental shelf beyond 200 nautical miles in that area. The UK’s submission is in accordance with the provisions of Article 76 of the UN Convention on the Law of the Sea.

“Successful completion of this process will confirm the boundaries of the UK’s jurisdiction over its continental shelf, thus ensuring our sovereign rights to manage the shelf for future generations”, said Foreign Office Minister, Lord Malloch-Brown.

The submission is bound to overlap with the Argentine claim sent in last month which insisted that the waters and extended continental shelf around all those islands belonged to the government in Buenos Aires.

The 13 May deadline applies only to those states that were signatories of the original treaty ten years ago. Other states, which signed at a later date, have more time left to submit their claims.

In 2006, the UK made its first partial submission, jointly with Ireland, France and Spain, in respect of the continental shelf in the Bay of Biscay. In May 2008, the UK made another partial submission in respect of the shelf around Ascension Island – this was formally presented to the CLCS on 27 August 2008.

Also in May 2008, the UK notified the CLCS that it is not making a submission with full supporting data to define an area of continental shelf beyond 200 nautical miles from the coast of British Antarctic Territory, but that it reserves the right to do so in the future.

On 31 March 2009, the UK made a partial submission in respect of the continental shelf in the Hatton Rockall area of the NE Atlantic. Informal discussions had been taking place with Iceland, Ireland and Denmark (on behalf of the Faroe Islands), all of whom believe that they too may have a geological case for an extended continental shelf in the Hatton Rockall area.

The United States has still not ratified the UN Convention of the Law of the Sea, but the prospect of neighboring countries such as Canada and Russia carving up the seabed for exploration is rapidly shifting opinion in Washington.

Greenpeace and other marine environmental groups have derided the process as a series of colonial land grabs.

However in Antarctica, the right to an extended continental shelf under the UN Law of the Sea has to be considered against the provisions of the Antarctic Treaty, which suspends all territorial claims.

Australia made a submission to CLCS in respect of Antarctica in 2004. Australia submitted full co-ordinates of its continental shelf margin, but asked that the CLCS simply store the data for the time being and not consider it (because of the Antarctic Treaty).

In 2006, New Zealand notified the CLCS that it was not submitting data for its continental shelf around Antarctica, but that it reserved the right to do so in the future.

The UK followed the New Zealand’s example in May 2008, as did France in February 2009.

Norway submitted full co-ordinates of its continental shelf margin around Antarctica on 4 May 2009, but followed the Australian example of asking the CLCS not to consider the data for the time being.

On 21 April 2009 the Argentine Government submitted full co-ordinates for its claim to Antarctica, which entirely overlaps with the British Antarctic Territory.

Chile is also expected to its intentions known to the CLCS and the Chilean claim to Antarctica largely overlaps the British Antarctic Territory.

According to the Foreign Office the UK is fully committed to upholding the Antarctic Treaty, and highlights its Article IV, which effectively places in abeyance all sovereignty claims, recognition and non-recognition of claims, and precludes any activity to assert any new claim or enlarge any existing claim to territorial sovereignty in Antarctica.