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Poster:       Martin Pratt <[log in to unmask]>
Subject:      Re: Australia's extended continental shelf.
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Dear Mike,

Australia included areas of the continental shelf of the Australian =
Antarctic Territory (AAT) in its submission to the Commission on the =
Limits of the Continental Shelf; however, recalling the principles and =
objectives of both the Antarctic Treaty and UNCLOS, it asked the =
Commission not to consider those areas for the time being (see the final =
two pages of the executive summary of Australia's submission at =
http://tinyurl.com/67oazf). The Australian government map to which you =
refer (http://www.ga.gov.au/image_cache/GA11214.pdf) shows Australia's =
claimed EEZ off Antarctica (which is of no concern to the CLCS) but not =
its claimed continental shelf beyond 200 nautical miles from its =
Antarctic baselines; the area of continental shelf on the map that abuts =
the AAT EEZ is the continental shelf of the Heard-McDonald islands =
rather than the continental shelf of the AAT.=20

Parties to the Antarctic Treaty are not permitted to make new claims to =
Antarctic territory, or to extend existing claims. My understanding is =
that Australia believes that its continental shelf submission does not =
represent an extension of an existing claim because, under Article 77 of =
UNCLOS, the rights of a coastal state over the continental shelf do not =
depend on any express proclamation. In other words, assuming Australia =
has sovereignty over land territory in Antarctica, it automatically has =
sovereign rights over the resources of the continental shelf off that =
territory to the outer edge of the continental margin - and its =
submission to the CLCS therefore simply represents a clarification of =
the extent of the area over which it has sovereign rights. However, the =
fact that the Australian government decided not to ask the Commission to =
consider its Antarctic continental shelf submission for the time being =
suggests a recognition that its views may not be universally shared.=20

Regards,

m a r t i n