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Scramble for Continental shelf rights in the Arctic and snail's pace of Bangladesh

UNCLOS 1982, embodies the detailed procedure for adjudicating Continental Shelf (CS) claims and its submission to the Commission on the Limits of the Continental Shelf (CLCS). It defines the CS of a coastal state comprising the seabed and the 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

Commodore Md. KHurshed ALAM ndc, psc, BN (Retd)
GLOBAL climate change •’nd high fuel prices have created a totally different geopolitical realignment and are compelling countries to devise new policies to safeguard the future of their economies. With oil prices hovering around $125 a barrel, oil-exporting countries in one hand are trying to justify the newfound bounty and on the other hand have set a chain reaction of spiralling prices and global uncertainty. Such scenarios have already compelled the coastal nations to explore energy’ resources in the Continental shelf (CS) of the Arctic region. It is widely believed based on various scientific surveys that about 30 per cent of the world's undiscovered oil and gas lie beneath the Arctic region.
Experts believe that there would be ice-free Arctic during summer in about 20-25 years time if the present rate of global warming continues. There are also speculations, of course based on high-tech studies, that the present thick ice cover will be gone by the next decade and the oil and gas underneath the Arctic waters would be accessible to the countries of the fringe. Moreover, investment in exploration and exploitation of hydrocarbons even in the inaccessible Arctic area is becoming an economically viable option due to continuous increase of oil prices and demands.
For all claims of CS beyond 200 nautical miles, states have to present scientific and technical proof to the CLCS set up by the UN.The CLCS then makes recommendations regarding the outer limits of the CS, all of which are binding on the coastal states. In cases where the CS might overlap between two or more states, an equitable agreement has to be effected on the basis of Article 3fc of the Statute of the International
Court of Justice. States arc to submit claims to the Commission on the Limits of the Continental Shelf (CLCS) within 10 years of their ratification of the LOSC.
The fact that the Arctic ice cap is receding at a pace that far exceeds the rate predicted by any of the 'global warming' computer models, has attracted the neighbouring countries to claim their CS area. Not only that, many waterways that fan out south wards and westwards from the North Pole are navigable for longer and longer period each year. Greenland is a semi-autonomous possession of Denmark and it retains responsibility for defence of the enormous island and its EEZ.
The Danish government has laid its claim of CS up to the North Pole and is spending millions of dollars in preparing a comprehensive map showing that the Lomonosov Ridge runs from the top of Greenland to the North Pole. This claim must be seen as the first foray into what is going to become a larger series of territorial claims. Recently, the Royal Danish Navy reportedly tested Canadian resolve by occupying 'Hans Island', a dot of land between Ellesmere Island and the northwest tip of Greenland. Denmark foresees a growing accessibility to profitable resources on these islands, and on the sea floor that surrounds t^em. But it js no-t depending solely on geological surveys and
maps of the ocean floor as it has the military capabilities to back up its territorial claims and to challenge Canada's sovereignty in the High Arctic.
Russia, one of the earliest signatories to the Convention, is also staking a larger slice of the Arctic claiming that the 1240-nrile underwater Lomonosov Ridge in the Arctic is connected to the East Siberian Region. Last year a Russian team of explorers employing submersibles descended below the North Pole and planted the flag of Russia and preliminary tests of the seabed soil samples taken by the minisubmarines substantiate the Russian claim. The CLCS rejected Russian claim on grounds of insufficient evidence but it is confident that they will be able to submit full-fledged claim of Arctic CS in due time.
Canada on the other hand has claimed that the Lomonosov ridge is connected to the Ellesmere islands and the North West Passage is in its inland waters excluding possibility of any other countries taking innocent passage. To consolidate its claim and demonstrate its effective control over the passage Canada has declared to build two new military bases in the Arctic and invest $3 billion to purchase six to eight patrol ships that would help her attain uninterrupted rights on the passage and also (ay hands qn.the(othelr na.tu-ral resources.
Canada insists that international shipping in the passage to follow Canadian regulation and laws, instead of international law Canada believes that the North West passage, a small waterway connecting the Atlantic and the Pacific Oceans through the Canadian northern islands, are becoming ice-free. If Canada can take over the control of this shipping passage, which will reduce shipping time significantly from its present detour of Africa, it could set a new direction towards the future maritime commerce.
Other countries of the region are not far behind to stake a claim in the fabled riches of the Arctic.
Norway has also made an official submission on the limits of the CS in accordance with the UNCLOS 1982 after carrying out surveys. USA of course always maintained that the North West Passage is international waters and have shown total disregards to the Canadian claim since long. However, with the passage becoming navigable and the recent dispatch of American expeditionary mission to the Arctic, problem with the USA has resurfaced again and have taken serious turn although USA have not ratified the UNCLOS 1982 as of yet and therefore cannot stake a claim. Norway cannot present a counter claim to the Arctic CLCS since its 10-year time limit ended in 2006 but then
.Carfada submit it> claim by 2013 and Denmark by 2014. It
is widely believed that Russian and Canadian claims and those of other countries have political overtones rather than merely legal and technical ones. It is rather difficult to predict now, how the legal complexities of the unprecedented nature of the problem of the Arctic will impact the international profile and what would be the direction of solution.
if the example of these countries are anything to go by then we are moving at snail's pace to claim our CS. Many would argue that it would not be appropriate to equate the cases of developed countries staking claim for their CS in the Arctic area with that of Bangladesh. But that will hardly change the basic premise of our energy requirement and dwindling gas reserves of the country, especially the fact of providing sustenance to the ballooning population of over 150 million frdm' ottiythd reioiihldd 'of 'bbl-land areas.
It is widely believed that one of the best possible alternatives for our unmet resources can only come from our EEZ and CS. The government must have realized what price they would be paying for not delimiting maritime boundary with both India and Myanmar, which have staked claim to a large chunk of our EEZ. The government was reminded many a time through this column, to go for demarcation of maritime boundary with both the neighbours.
Not only EEZ, our time for claiming CS of about 350 nm will expire in July 2011 and from now on we have less than 3 years time to carry all the surveys required for and submitting our claim to the CLCS. It would be difficult for us to blame other countries or the UN about our failure to prepare the submission case in time, as our government knew exactly what is to be done as per scientific and technical guidelines issued by the CLCS in 1998 for all
countries of the world.
According to the guidelines, Bangladesh will have to identify Foot of the Continental slope (FOS) and the areas where thickness of sedimentary rocks is at least 1 % of the shortest distance or fixed points not more than 60nm from such FOS. We shall have to document the position of the FOS and the thickness of sediments in the seawards direction through single/multi beam echo sounding, Bathymetric/interferometric side scan sonar, seismic reflection and refraction. Geological and geophysical database will include in situ samples and measurements, geochemical and radio-metric data, geophysical measurements and gravity/magnetic data. Even if we opt out for 350nm limit we shall have to identify the 2500 metre isobath, which is a line connecting the depths of 2500 metres in the vast Bay of Bengal. Such data collection would not be easy aS Sortie would like ttfsay'and will require time, money and
technical skill. Both of our neighbours have already completed their survey and arc getting ready for submission.
It is high time that our government informed the people of this country about the progress of various survey/preparatory^ works in the last 7 years as this cannot be considered a sensitive issue at all. If the progress of work is not satisfactory, then the government is again urged and reminded through this column about the horrific consequences of non submission or half hearted submission which will not be good enough for substantive claims of CS.
Right now the government must appoint a team of experts by name, allocate money and give them the responsibility for carrying out whatever is required to be done by February 2011 latest Taking the lead from the countries that have already submitted their claims to the CLCS, it is suggested that it would not be possible to accomplish such lengthy technical tasks by officials prone to change desks frequently or through foreign trips and consultations with foreign experts.
The government must have learnt the bitter lessons by allowing hired foreign consultants to draw our baseline, which has already burnt our finger, and this time we might burn the geographic body of Bangladesh if the urgency and procedural matter of submission to CLCS is not taken seriously. So far our government has hardly shown any resolve to identify persons responsible for failure to carry out the delimitation tasks of our maritime boundary in the last 38 years and our government's claim of “preparations for CS claim are OK' must not turn out to be a “paper umbrella getting dissolved in rain".
Tne writer is an expert or. mantime law. and autnor of .'Bangladesh's Maritime Ctaaenges in the 2ls(-Century’