PACIFIC ISLANDS APPLIED GEOSCIENCE COMMISSION

[SOPAC Trip Report 490 – Lal]

PACIFIC ISLANDS APPLIED GEOSCIENCE COMMISSION

SEMINAR ON TECHNICAL ASPECTS OF LAW OF THE SEAS (TALOS) “Problems and Challenges with Maritime Boundary Delimitation and the Role of

Geospatial Data in UNCLOS” Nusa Dua, Bali, Indonesia

2 to 6 August 2009

SOPAC Trip Report 490

Andrick Lal Ocean & Islands Programme

BACKGROUND The Law of the Sea has a very long history, from the Papal Bull Inter Caetera in 1493 to the entry into force of the 1982 United Nations Convention on the Law of the Sea, (UNCLOS) in 1994. It is a tour de force in terms of the codification and progressive development of international law. It should be underlined that UNCLOS is the result of long negotiation and codification of very sophisticated technical disciplines which in the end have to be accepted as a single package.

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Consequently it is only to be expected that the parties to the convention will face difficulties in implementing the convention as a single package given its universality and wide ranging aspects: resources; geographical structures etc. What the convention allows or rules out still raises many questions for many government officials, academics, politicians and scientists of various disciplines that have to be discussed in numerous: bilateral; multilateral; and even academic. This is triggered by fact that, for some stakeholders, the Convention, the constitution of the ocean, is not that perfect and it cannot be considered to suit the needs of all parties. Consequently discussion and debate among stakeholder to the convention is necessary. This is certainly true for the Asia Pacific region which comprises archipelagic, continental developed and developing States that face difficulties in implementing the provisions of UNCLOS. The implementation of UNCLOS, requires technical input from a multidisciplinary range of experts which in many cases can lead to inconclusive discussion and conflicts in the areas of law, politics and territorial integrity. The Advisory Board on the Law of the Sea (ABLOS) is a joint Board established by the International Association of Geodesy (IAG) and the International Hydrographic Organisation (IHO) established in 1994. It comprises 4 representatives from each parent organisation. Its objectives includes “to provide advice, guidance and, where applicable, offer expert interpretation of the hydrographic, geodetic and marine geo-scientific aspects of the Law of the Sea”. The 2009 ABLOS Business Meeting was hosted by Indonesia and in conjunction with this event Indonesia is organising an International Seminar which will be supported by the members of ABLOS. The Seminar will address current topics of interest related to technical difficulties being faced by countries in the Asia – Pacific region. The theme of the seminar will be “Problems and Challenges with Maritime Boundary Delimitation and the Role of Geospatial Data in UNCLOS”. OBJECTIVE

• To identify and discuss regional problems with the implementation of UNCLOS, specifically with respect to maritime boundary delimitation and geospatial data.

• To identify issues for consideration by ABLOS.

• To provide a regional forum for discussion of the technical aspects of the law of the sea. CONFERENCE VENUE The seminar took place at Nusantara Room, Bali International Convention Centre, Nusa Dua, Bali on 3 -4 August 2009. The ABLOS Business Meeting was held from 4 -5 August 2009 and took place at Surabaya Room, Bali International Convention Centre (BICC), Nusa Dua, Bali, Indonesia. This meeting was only open to ABLOS members and invited observers. The Seminar was hosted by Indonesia. Chair in Charge Dr. Sobar Sutisna Chief of Organising Committee Mrs. Tri Patmasari Secretary Dr. Khafid Email: indonesia_ablos_seminar2009@ yahoo.com Phone/fax: +62 21 8754654

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Monday, 3 August 2009 08.00 – 09.00 : Registration 09.00 – 09.30 : Report by the Organising Committee

Welcome Speech from the Chairman of ABLOS Welcome Speech and Opening Remarks from the Head of BAKOSURTANAL

09.30 – 10.15 : Keynote Speech by HE Prof. Hasjim Djalal:

“Law of the Sea Convention as Ocean Constitution, Problems and Challenges for Developing Countries “

10.15 – 10.45 : Coffee Break 10.45 – 12.15 : Session I: Invited Speakers and Discussion

1. The Need to Manage the Technical Aspects of the 1982 UNCLOS and Challenges for Indonesia. Prof. Etty Agoes

2. The Need for Education and Training in Marine Boundary Delimitation to Implement UNCLOS. Prof. Sjamsir Mira

3. Indonesian Maritime Boundaries. Arief Havas Oegroseno 12.15 – 13.30 : Lunch Break

13.30 – 15.00 : Session II: Technical Presentation 1 and Discussion Analysis on the Application of Baselines Regulation in Determining

Maritime Boundary of a State According to United Nations Convention on the Law Of The Sea 1982 Evi Purwanti, Faculty of Law, University of Tanjungpura

The Use of Archipelagic Baseline in Maritime Boundary Delimitation. Sora Lokita, I Made Andi Arsana, Clive Schofield The Australian National Centre for Ocean Resources and Security (ANCORS), The University of Wollongong, Australia

Geodetic And Chart Datum Problem Arising From The Map Annexure Of The Maritime Boundary Treaties In Non-Wgs84 Datum (Lessons Learned From Indonesia-Singapore Case) F Adm Sugeng Supriyanto, Capt. Trismadi, LCdr.Muhammad Yazid, Leut. M Qisthi A Dishidros

15.00 – 15.30 : Coffee Break 15.30 – 16.30 : Session III: Technical Presentation 2 and Discussion

Delineation of Outer Continental Shelf in the Bay of Bengal: Need for Regional Cooperation/Dialogue M.K. Khastagir First Secretary, Bangladesh Permanent Mission to the United Nations R. Macnab Geological Survey of Canada (retired)

Implementation of UNCLOS Article 76 for the SOPAC member countries Emily Artack, Andrick Lal SOPAC Pacific Islands Applied

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Geoscience Commission

Applying Mathematical Model to Identify Maximum Change of Gradient for Determination of Foot of Slopes in Indonesian Waters and its Surroundings Khafid dan Agus Santoso Center for Marine Base Mapping and Aeronautical Charting, BAKOSURTANAL

Rules Applicable to Non Delimited Maritime Areas: Towards A Special Regime? Irini Papanicolopulu Aggregate Professor, University of Milano-Bicocca -Italy, Faculty of Law

Outer Continental Shelf Submissions In Asia Pacific Region: Challenges And Opportunities. I Made Andi Arsana Geodetic Engineering Department UGM, Yogyakarta, Indonesia Clive Schofield The Australian National Centre for Ocean Resources and Security (ANCORS), The University of Wollongong

18.30 – 21.00 : GALA DINNER: Nikko Bali Resort & Spa – Beach Front Garden

Tuesday, 4 August 2009 08.00 – 09.30 : Session IV: Technical Presentation 3 and Discussion

Prevention of Marine Pollution in Indonesia Conducted from Transportation of Hazardous. Materia Yanti Fristikawari Faculty of Law, AtmaJaya Catholic University Jakarta

Techtonogenesys of the outermost of small islands of Indonesia: Its Implication to the Indonesia Maritime Boundaries. Kumala Hardja Widjaksana, Kris Budiono, I Wayan Nugra Marine Geological Institute of Indonesia

Geological Setting and Mineral Resources & Energy Potency at ZEE of Indonesia. Kris Budiono, Subaktian Lubis, Ediar Usman Marine Geological Institute of Indonesia

Implementation of Gardiner Formula for Determintation of Indonesia Extended Continental Shelf Khafid, Agus Santoso Center for Marine Base Mapping and Aeronautical Charting, BAKOSURTANAL

The unique tectonic of marine geology of Indonesia Yusuf S. Djajadihardja Agency for the Assessment and Application of Technology-BPPT Christope Gaedicke, Stefan Ladage Bundessanstalt fur Geowisseschaften und Rohstoffe-BGR Won Soh Japan Agency for Marine-Earth Science and Technology-JAMSTEC

09.30 – 09.45 : Coffee Break 09.45 – 11.00 : Session V: Technical Presentation 4 and Discussion

The Role of Geospatial Data in Maritime Border Management A.Rimayanti, S. Lokita, T. Patmasari, K. Widodo Center for Boundary Mapping, BAKOSURTANAL

Software For Delineation And Management Of Maritime Boundaries – Post May 13, 2009 Challenges S. Lévesque , S. Cockburn , O. Büchsenschütz-Nothdurft CARIS

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Implementing the Role of Archipelagic State in the EEZ: A GIS Approach for Living Resources. Dewayany Sutrisno, Iramdi Nahib, Suseno, Anggoro Fitriyanto Center for Marine Natural Resource, BAKOSURTANAL

Geomarine III: A New Tool for Supporting Indonesian Continental Shelf Claim. S. Marina, C. Purwanto, R. Rahardiawan, Susilohadi Marine Geological Institute of Indonesia

11.00 – 12.00 : Recommendation and Closing Trip Itinerary

Itinerary

Date Time

Activity Name – South Pacific Sea Level & Climate Monitoring Project Phase IV (O.I.P 2.2.1)

ACTION

02/08/09

0600 0710

0900 1140

1735 2200

- Checked in at the Nausori Airport

- Left Suva for Nadi - Checked in at the Nadi Airport - Left Nadi for Sydney, Australia

- Arrived in Sydney - Checked in at the Sydney Airport

- Left Sydney for Denpasar, Bali, Indonesia - Arrived in Denpasar Airport, Bali, Indonesia

OIP/ AL

05/08/09

06/08/09

2100 2310 0655

1310 1810

2015 2045

- Checked in at the Denpasar airport, Bali, Indonesia - Left Bali, Indonesia for Sydney

- Arrived in Syndey - Checked in at the Sydney Airport - Left Sydney for Nadi, Fiji - Arrived in Nadi - Checked in at the Nadi Airport Domestic Terminal - Left Nadi for Suva - Arrived in Suva

OIP/ AL

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Additional Notes Seminar Presentation Paper

Implementation of UNCLOS Article 76 for the SOPAC member countries

Dr Arthur Webb, Mr. Andrick Lal & Ms Emily Artack Secretariat of the Pacific Islands Geoscience Applied Commission (SOPAC)

Suva, Fiji Islands E-mail: [email protected]; [email protected]; [email protected]

Abstract The Secretariat of Pacific Islands Applied Geoscience Commission (SOPAC) is an intergovernmental, regional organisation with 21 member countries, 18 Pacific Island Countries (PICs) and territories including as well as Australia and New Zealand. Over the last couple of years, there has been a regional effort coordinated by SOPAC to ensure that every member country which has extended continental shelf (eCS) potential had the capacity to lodge a submission (or partial submission) and secure its rights to claim an extended Continental Shelf (eCS). By the 13th of May, 2009, there were eight Pacific Island Countries which successfully lodged their submissions to the United Nations for about 1.8 million square kilometres of additional seabed territory. Over the last 22 months, SOPAC coordinated five intensive regional training workshops that brought together country teams from Cook Islands, Fiji, Federated States of Micronesia, Papua New Guinea, Solomon Islands, Palau, Tonga, Vanuatu, as well as international and regional technical experts to develop joint and individual submission documents. These workshops were coordinated by SOPAC and its technical partners, Geoscience Australia (GA) and the UNEP Shelf Programme, the Commonwealth Secretariat, Geolimits and Geocap.

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Even though PICs successfully met the May 13th deadline, much work remains as partial submissions will need to be completed and all claims must be successfully defended when reviewed by the UN Commission on the Limits of the Continental Shelf. This paper discusses the challenges faced by the Project, as well as the future directions of the regional partnership that has been established between the Project technical partners and teams from the PICs. The technical workshops and SOPAC’s ongoing eCS efforts have been largely funded by the Government of Australia (AusAID) Grant in 2008 and by the Pacific Governance Support Programme (PGSP). The lack of financial support through other mechanisms would be an issue for consideration for the members of the ABLOS Board at the Meeting. Introduction The ocean has always been of great importance to the PICs since it provides the resource basis and ecosystem upon which region’s people have always been dependant for their livelihoods and well-being. For many of these smaller nations, land resources have little sustaining economic value. Oceans and coasts therefore provide the foundations for vital social and economic sectors such as fisheries and tourism, and have the further potential to provide mineral wealth from deep-sea resources, and energy harnessed from waves and wind. Scientific studies have revealed the claims to extended continental shelf could mean more access to mineral rich resources previously outside countries' EEZ. Securing greater maritime sovereignty can provide increased revenue for Pacific States and deliver significant economic and social benefits from access to ocean resources that occur on the seabed and within the subsoil. The United Nations Convention on the Law of the Sea (UNCLOS) is an international agreement which defines the legal status of the seas, air space above them, seabed and sub soils below. It sets the limits of sea and marine resource ownership, continental shelf jurisdiction and archipelagic status, as well as determining use of rights for marine resources (such as fisheries and deep-seabed minerals) and providing for the protection of the marine environment, research and the settlement of disputes. Under UNCLOS each SOPAC member country is entitled to three maritime zones, seaward of the territorial sea baselines, these are:

12 nautical miles; Territorial Seas 24 nautical miles; Contiguous Zone 200 nautical miles; Exclusive Economic Zone (EEZ) Potential extended eCS for Cook Islands, Fiji, Federated States of Micronesia, Kiribati, Papua New

Guinea, Solomon Islands, Palau, Tonga, Tuvalu & Vanuatu All SOPAC member countries are signatories to UNCLOS which entered into force in 1994. There are 45 shared maritime boundaries between SOPAC member countries and neighboring countries, of which 17 have been negotiated and signed, 5 of which are under negotiation, while the remaining 23 shared boundaries have yet to be negotiated. The combined 200 nautical mile EEZ of Pacific Island Countries forms the largest EEZ in the world, which contains world’s richest tuna fishing grounds (ADB, 1997). In addition, it is estimated that the world’s oceans contain 3 trillion tonnes of manganese nodules, half of which are believed to be located in the Pacific region (FFA, IOI and USP, 1983). SOPAC has undertaken a number of marine mineral resource assessments in the region in order to identify the extent and quality of minerals located on sea beds including petroleum, manganese nodules, offshore phosphate, and metalliferous sediments. In addition, SOPAC has assessed the potential for energy production using Ocean thermal energy conversion (OTEC) technology in the surrounding waters of several countries. The vast living and non-living resources (potentially) found within SOPAC member waters include:

Fisheries resources for local consumption or export (especially skipjack and yellow fin, albacore, big eye, blue marlin and black marlin).

Petroleum (oil and gas).

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Minerals (manganese nodules, offshore phosphate, metalliferous sediments). Coral, sand and gravel. Ocean and wind energy. Tourism (e.g. establishment of marine protected areas).

Delineating marine boundaries and claiming continental shelf under UNCLOS are therefore important to secure the maximum benefits from these ocean and sea bed resources as well as providing the rights to regime necessary for sustainable managing this natural resource wealth for current and future generations in the Pacific. However, settlement of EEZ is also important because it facilitates claims for extended continental shelf (ECS) boundaries as provided for under Article 76 of the UNCLOS. However, submitting claims for maritime boundaries under the UNCLOS is a lengthy resource-intensive process which requires both technical and legal expertise, which many Pacific Island Countries lack. For example, expertise in maritime, surveying, hydrographic and Geographical Information System (GIS) are needed to survey and analyse data in order to establish territorial seas baselines for countries’ EEZ, while expertise in maritime law is required for preparing, presenting and defending maritime boundary and eCS claim cases at the UN. Similarly, submitting claims for eCS can be challenging since submissions are subject to a number of highly specific provisions/ specifications. These include defining continental shelf boundaries by reference to the thickness of sedimentary rocks and assessment of land slope to determine the foot of the continental shelf. Consequently, development of submissions for extended continental shelf claims requires detailed geographic data including bathymetry and geology. The preparation of claims for extended continental shelf is therefore reliant upon high quality technical data. SOPAC Regional Maritime Boundaries Project SOPAC currently manages the Pacific Islands Regional Maritime Boundaries Project under the Ocean & Islands Programme. The major objective of the Project is to assist Pacific island countries to complete the determination of baselines for defining their territorial and archipelagic seas, contiguous zones and EEZ. The Pacific Islands Regional Maritime Boundaries Project is assisting countries deal with the critical issue of delineation of their maritime boundaries with a focus on:

• Providing maritime boundaries data and information for the member countries to assist in preparation of claims for delineation of their EEZ and potential claims for eCS;

• Developing comprehensive data-sets which facilitate definition of the legal and administrative offshore limits for member countries, in accordance with the provisions of UNCLOS;

• Building national capacity within member countries to undertake these assessments;

• Providing technical advice and support to member countries on relevant provisions of UNCLOS;

• Acting as an information and data repository.

• Facilitate and support SOPAC member countries who have potential to claim for eCS. Despite this technical assistance offered by SOPAC under the Pacific Islands Regional Maritime Boundaries Project, given time and effort required to submit claims under the UNCLOS, many PICs have yet to settle maritime boundaries under the Convention. Part of the deterrent is likely to be the fact that high up front costs are involved in assessment and submission while benefits will occur for long term. Over the last couple of years, SOPAC has successfully coordinated a sustained international and regional effort to ensure every SOPAC member country which has extended continental shelf (eCS) potential has managed to lodge a submission (or partial submission) which secures each eligible country’s rights to claim additional seabed territory or eCS. Such claims are made under Article 76 of the International Law of the Sea known as the United Nations Convention on Law of the Sea (UNCLOS). Over the last 22 months, SOPAC had coordinated a series of 5 intensive regional training workshops.

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These workshops brought together country maritime boundaries teams and international and regional technical experts, where all could work together to develop joint and individual submission documents. These technical workshops and SOPAC’s ongoing eCS efforts have been largely funded AusAID with a special Grant in 2008 and by the Pacific Governance Support Program (PGSP). SOPAC and all of the technical partners would like to acknowledge the incredible dedication and hard work of all of the Pacific Island Country Maritime Boundaries teams and look forward to continuing to work with these teams and seeing these claims through to a hopefully successful conclusion. SOPAC Training Workshops for Pacific Islands Extended Continental Shelf Potential Claims Since February 2005, a number of regional workshops conducted by SOPAC have assisted countries in conducting the initial desktop assessments to identify areas of potential claims for these Pacific countries to extend sovereignty over their continental shelves. Training Workshop on Delineation of the Outer Limits of the Continental Shelf beyond 200 nautical miles and for Preparation of a Submission of a coastal State to the Commission on the Limits of the Continental Shelf, February 28th – March 4th, 2005 This workshop was conducted in Pacific Harbour, Fiji by the United Nations Division of Ocean Affairs & Law of the Sea (UNDOALOS) in collaboration with SOPAC and the Commonwealth Secretariat. The aim of the course is to provide training necessary to develop the knowledge and skills of appropriate technical and administrative staff of the Coastal State for the preparation of submissions to the Commission. Forty-five participants who attended the training were from developing States, members of SOPAC, who have been assessed to have potential for extended continental shelf beyond 200 nautical miles (M), as well as four other developing States of the neighbouring South-east Asia sub-region. Other attendees are selected members of the Commission on Limits of the Continental Shelf, UNDOALOS/Office Legal Affairs, United Nations Environment Programme Global Resource Information Database (UNEP-GRID), and Geoscience Australia as resource personnel and observers. An Initial Scanning phase report was undertaken by UNEP GRID Shelf Programme, based in Norway, following this regional workshop where preliminary possibilities of those areas of extended claims were identified based on data available in public domain. Commissioning of a Regional Desktop Study in November 2006 Following the Initial Scanning report done above, SOPAC commissioned in 2006 a Regional Desktop Study on behalf of Federated States of Micronesia (FSM), Kiribati, Tuvalu, Palau, Solomon Islands and Vanuatu.

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The regional desktop study gave an indication of the existing global surveys conducted within these areas of potential claims and a programme of planned action for the next direction of work was formulated from the study. Fiji, Papua New Guinea and Tonga had commissioned their own consultants to undertake these studies independently. Several of the areas identified would be the focus of overlapping claims. Pacific Islands Regional Consultation with Respect to Article 76 of the Law of the Sea Convention, Brisbane Convention Centre, February 12th – 15th, 2007 More than 40 representatives from Pacific Island Countries, FFA and development partners from Australia, France, Japan, Ireland and Norway met in Brisbane in February 2007 to discuss critical issues relating to the delimitation of maritime boundaries and sovereignty over ocean space in the Pacific. The main objective of the meeting was to find ways to support the submission of claims to extension of maritime boundaries over continental shelf areas beyond the 200M Exclusive Economic Zone. The meeting was convened by SOPAC and funded by AusAID. PNG, Solomon Islands and FSM initiated talks at this meeting to consider the possibility of submitting a joint claim over the Ontong Java Plateau area in order to meet the 2009 deadline. This would leave unlimited time for internal or shared boundary negotiations. Regional Technical Training Workshops relating to the Preparations of the Submissions for countries In close collaboration with other technical agencies such as Geoscience Australia (GA) and the UNEP Shelf Programme, a number of technical meetings and workshops have been organised since July 2007 to assist and support the technical representatives from the eight member countries with a range of capacity building activities and especially providing them with the skills and tools required to prepare and support the technical component of their respective submissions. The first sub-regional technical workshop was held in Geoscience Australia in July 2007 for the representatives from FSM, PNG and Solomon Islands. Since 2007, there has been three other technical pacific countries level of training workshops and meetings organised between the collaborative efforts of SOPAC, GA and UNEP Shelf Programme. The aim of this workshop has been to train the country technical staff to:

• Assess the results of their desktop study especially with regard to the quality and suitability of the existing data to construct a credible case for eCS.

• Become familiar with the GEOCAP UNCLOS software and the data available for inclusion in the submission.

• Prepare reports on the geology and morphology of the area in relation to article 76 of UNCLOS in order to build the arguments for the delineation of the eCS.

• Develop a strategy and project plan for eCS definition, submission preparation and lodgement. The ongoing technical support and capacity building activities will successfully develop the required technical skills at the national level to support not only the preparation of submissions but also the ongoing process of defending them to the Commission on Limits of the Continental Shelf (CLCS) after May 13th 2009. These technical workshops have been funded by the Pacific Governance Support Program (PGSP) from AusAID in order to support the regionally coordinated efforts for the Pacific countries and ultimately build sound ocean governance and marine resource security for the region. The 4th training workshop was successfully completed at the University of Sydney campus, which was hosted by the UNEP Shelf Programme office based in Sydney. This workshop was held from November 3rd – 14th, 2008. “Continental Margin Determiner Software” training workshop, Suva from May 7th – 9th 2008 The Japan Hydrographic Association (JHA) and the Ocean High Technology Institute, Inc. funded a regional workshop on training regional participants from the eight countries on their specialised software. The "CM Determiner" software has been developed to calculate and determine the outer limits of the continental shelf, and the "Ocean Access" software has been developed as a multi-beam data processing software to determine continental margins using gridding, contouring and data conversions at a high quality. The 3-day workshop was conducted by Mr Kumasaka of JHA and Mr Ueki and Mr Yokoi from the Ocean High Technology Institute, Inc and funded by the Nippon Foundation.

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5th Regional Technical Training Workshops relating to the Preparations of the Submissions for countries The final technical workshop funded by the Pacific Governance Support Program (PGSP) from AusAID was conducted at the University of Sydney campus, hosted by the UNEP Shelf Programme, from February 9th – 20th 2009. Twenty three technical participants were invited from nine countries, with the inclusion of Vanuatu representatives to this training workshop. The facilitators to this workshop were technical experts from Geoscience Australia, UNEP Shelf Programme, Geocap, the Commonwealth Secretariat, National Oceanography Centre (NOC), Geolimits, a Legal Advisor from the University of New South Wales, and the SOPAC Project Staff. Lodged eCS claims for Pacific Island Countries to United Nations Preliminary Information • Fiji; 21 April 2009

http://www.un.org/Depts/los/clcs_new/submissions_files/preliminary/fji_2009_preliminaryinfo.pdf

• Fiji and Solomon Islands; 21 April 2009 http://www.un.org/Depts/los/clcs_new/submissions_files/preliminary/fji_slb_2009_preliminaryinfo.pdf

• Fiji, Solomon Islands and Vanuatu; 21 April 2009 http://www.un.org/Depts/los/clcs_new/submissions_files/preliminary/fji_slb_vut_2009_preliminaryinfo.pdf

• Federated States of Micronesia; 5 May 2009 http://www.un.org/Depts/los/clcs_new/submissions_files/preliminary/fsm_preliminaryinfo.pdf

• Papua New Guinea; 5 May 2009 http://www.un.org/Depts/los/clcs_new/submissions_files/preliminary/png_preliminaryinfo.pdf

Extended Continental Shelf Submissions Cook Islands; 16 April 2009

http://www.un.org/Depts/los/clcs_new/submissions_files/submission_cok_23_2009.htm

Fiji; 20 April 2009 http://www.un.org/Depts/los/clcs_new/submissions_files/submission_fji_24_2009.htm

Joint Submission by the Federated States of Micronesia, Papua New Guinea & Solomon Islands; 5 May 2009 http://www.un.org/Depts/los/clcs_new/submissions_files/submission_fmpgsb_32_2009.htm

Palau; 8 May 2009 http://www.un.org/Depts/los/clcs_new/submissions_files/submission_plw_41_2009.htm

Tonga; 11 may 2009 http://www.un.org/Depts/los/clcs_new/submissions_files/submission_ton_46_2009.htm

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Challenges for the eCS submissions

Raise the political profile of the issue and the potential benefits that might accrue.

Reviewing current baseline dataset available and coordinate, if feasible, the acquisition of additional data in support of possible claims.

Maintain the activities of upcoming MSR activities in the region (within their EEZ) for possible acquisition of additional data in areas identified for possible extended continental shelf.

Encouraging researching states to provide data as appropriate and/or seek to direct these vessels to assist with data acquisition as opportunity presents.

Limited technical and financial resources of the countries. Seminar Presentation

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NOTES FROM THE TALOS SEMINAR PRESENTED TO THE ABLOS BUSINESS MEETING BALI, 3-4 AUGUST 2009

A. BACKGROUND

1. There is still unfinished battle between “territorialist groups/archipelagist groups” and “the holder of freedom of the sea principles/maritime countries groups” since the ancient era of maritime uses until present time.

2. The dimension of the ocean affairs therefore have included the political, strategic, resources,

environment, scientific, economic and social well being of mankind as well as the maritime military dimension of some powers.

3. Even though contains a lot of compromises, the United Nations on the Law of the Sea of 1982

(UNCLOS 1982) has successfully created law and order on the use of the ocean space, their resources and their environment. The 1982 UNCLOS is one of the most complex treaties ever produced.

4. As of 20th July 2009 the 1982 United Nations Convention on the Law of the Sea (UNCLOS) which

has been accepted by many as the “Constitution for the Oceans” have been ratified by 159 States, despite some significant countries, like the United States, which has not ratified the Convention.

5. It should be recalled that on many occasions the UN General Assembly has called upon States to

harmonise their national legislation with the Convention’s provisions to ensure that they are in conformity with the Convention.

6. As is underlined by international law, States which have ratified international treaties or conventions

are bound with the obligation to implement its provisions, therefore, for a ratifying State the question is not merely that of management but more of implementation.

7. Issues for implementation of the 1982 UNCLOS that brings challenges to ratifying State can be

classified into legislation and regulation, regulation by activity, publication or notification, surveillance and enforcement, administrative and organisational requirements, cooperation directly with other States or through international organisations, and some scientific and technical aspects.

8. In the process of implementation of the 1982 UNCLOS, States are faced with the problems of

adjusting to the new legal regime of the ocean, which may bring them to the questions of redefining its overall ocean policy objectives, by formulating general and specific policies, develop the requisite legal framework, administrative and organisational mechanisms to implement those policies.

9. In this context, it should be noted that by the 1990s it became apparent that one of the problems for

the maritime industrial countries to ratify the convention was the regime and the rules regarding seabed mining in international seabed area beyond the limit of national jurisdiction. The Implementing Agreement on Part XI regarding sea bed mining was adopted in 1994 in order to remove this problem.

10. The International Seabed Authority (ISBA) has agreed on the Rules and Regulations on

Prospecting and Exploration of Polymetallic Nodules in the International Seabed Area (the “Area”). It is the realisation of the dream of mankind to make use of the international seabed resources in the future for the benefit of mankind as a whole and as the implementation of the principle of the “Common Heritage of Mankind”.

11. Many countries are expected to bring their submission for the resources of the continental margin,

beyond 200 miles EEZ to the Continental Shelf Commission (CSC), another Institution established under the aegis of UNCLOS 1982, and hopefully the Commission would be able to deal with them in a proper manner, consistent with the provisions of UNCLOS, particularly Article 76.

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12. The problems of delimitation are also compounded by the various unsettled territorial claims to islands, rocks and reefs. Unless those delimitation problems are settled as soon as possible, the peace and stability in the ocean use would be always at the perils of conflict and confrontation.

B. ISSUES TO ADDRESS

1. The problems of maritime claims and delimitation between states as the result of the various maritime zones stipulated in UNCLOS 1982. There are still plenty of unsettled territorial sea boundaries between neighbouring states. Several efforts to establish joint development or joint cooperation zones have however been developed, such as in some parts of the South China Sea, Timor Sea as well as in other parts of the world.

2. The developing countries, which were expecting the positive results of the transfer of technology of

utilising maritime space and its resources, have not generally been able to take advantage from the new regime, mainly due to lack of financial resources and knowledge as well as technical capacities.

3. The seabed mining technology is still largely in the hands of the developed industrial countries with

most of the developing countries are still on the onlookers side, hoping someday to be able to share some benefits of those resources.

4. Many of the provisions concerning scientific and technical issues will depend on the effective

application of scientific and technical capabilities in the marine sector and on international cooperation to develop and improve the capabilities of the countries.

5. All activities associated with the establishment of baselines, delineation of territorial sea,

contiguous zone, exclusive economic zone and continental shelf, including submission to the Secretary-General of the United Nations of charts, lists of geographical co-ordinates, and other information such as the geodetic datum used, also involved administrative matters.

6. The academic and think-tank groups have played significant roles in promoting the negotiating

process before the adoption of UNCLOS. The academic and think-tank groups could still promote these processes in the spirit of cooperation between states and the various regions and interest groups; and the DOALOS could encourage the relevant parties to achieve all these goals.

C. ADVICE TO SEEK FROM

1. For the past 16 years, the Advisory Board on the Law of the Sea has continued to provide advice, guidance and, where applicable, offer expert interpretation of the hydrographic, geodetic, and marine geo-scientific aspects of the law of the sea. Today, the advice and guidance are once again sought for.

2. In the process of implementation of the 1982 UNCLOS, States are faced with the problems of

adjusting to the new legal regime of the ocean, which may bring them to the questions of redefining its overall ocean policy objectives, by formulating general and specific policies, develop the requisite legal framework, administrative and organisational mechanisms to implement those policies.

3. The Technical Aspects of the Law of the Sea meeting, particularly on the technical aspects of

delimitation, is hoped to formulate certain understanding regarding certain issues, such as the clear understanding on “low water line”, the precise length of “nautical miles”, “fringing reefs”, “fringe of islands along the coast”, “coastline in deeply indented and cut into”, “the rocks and the islands”, the meanings of “cannot sustain human habitation or economic lives of their own”, “special circumstances” and “historic title”, the criteria for determining “throughout the natural prolongation of land territory” to the “outer edge of the continental margin” in Article 76 (1), “submarine ridges”, “submarine elevations that are natural components of the continental margin”, “plateau, rises, caps, banks and spurs”, “slope” and “rises” in Article 76 (3), the “foot of the continental slope”.

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D. RECOMMENDATION TO INDONESIAN GOVERNMENT

1. Accelerate the proper implementation of UNCLOS in the national legislations. 2. Take advantage of the transfer of technology of utilising maritime space and its resources within

the limit of the country’s financial capacity. 3. Keep battling illegal fishing, various kinds of smuggling and other illegal acts and crimes at sea with

the ultimate purpose of maintaining the sustainability of the resources and their environment. 4. Push the effort to master the seabed mining technology in order to be able to share some benefits

of those resources. 5. Redefine its overall ocean policy objectives. 6. Involving all sectors responsible with different aspects of a comprehensive maritime policy:

international relations, security, law enforcement, fisheries, mineral resources, energy, environment, navigation, transportation, labour, and scientific and technological development including training (i.e. in geodesy, hydrographic and other marine geosciences).

7. Establish a forum for Indonesians on TALOS.

Documents

PACIFIC ISLANDS APPLIED GEOSCIENCE COMMISSION