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Extended continental shelf

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Extended continental shelf

The extended continental shelf, scientific continental shelf, or outer continental shelf refers to a type of maritime area established as a geo-legal paradigm by the United Nations Convention on the Law of the Sea (UNCLOS). Through the process known as the extension of the outer limit of the continental shelf or establishment of the outer edge of the continental margin, every coastal state has the privilege, granted by the international community of nations, to acquire exclusive and perpetual rights to exploit the biotic and abiotic resources found on the seabed and subsoil of these maritime areas. These areas are located beyond the 200 nautical miles (370 km; 230 mi) that make up the state's exclusive economic zone (EEZ) and would otherwise be considered international waters.

In these deep-water areas, resource exploitation has been either technically impossible with available methods or otherwise economically unfeasible. Recently, however, sustained scientific and industrial progress and new technologies have enabled these oceanic waters to become increasingly accessible, which gives these areas extraordinary geopolitical and geoeconomic importance.

In the case of the scientific or extended continental shelf, the coastal state to which it has been granted is the only one entitled to exploit the natural resources found in the seabed and subsoil, whether mineral resources or other non-living resources, as well as living organisms. This includes those organisms that penetrate the seabed or have sedentary habits, defined as those that remain immobile on the seabed during exploitation or move in permanent physical contact with it.

This type of maritime space differs significantly from the geomorphological concept of a continental shelf, which is similar to an epicontinental sea. This concept identifies the submerged extensions of the landmass of the coastal state up to depths of 200 meters (660 ft).[citation needed]

It also differs from the concept of the legal continental shelf, which refers to the right of states to exploit their maritime projections up to the limit of 200 nautical miles (370 km; 230 mi) (regardless of the characteristics of the seabed or its depths, and whether or not there is an extension of the coast under the sea) measured from their baselines (exclusive economic zone or EEZ). In this concept, the rights to exploit the seabed and subsoil are combined with rights over the water column and surface.

Scientific or extended shelves are always located in maritime areas more than 200 nautical miles (370 km; 230 mi) from the straight baselines from which the width of the territorial sea is measured, and they do not extend beyond 350 nautical miles (650 km; 400 mi) at the maximum.

The creation and implementation of this legal concept, which allows coastal states to enjoy exclusive rights over vast oceanic territories, stems from the United Nations Convention on the Law of the Sea (UNCLOS), specifically in Part VI. This multilateral treaty was approved in April 1982 and came into force on 16 November 1994, a year after its ratification by Guyana, which fulfilled the requirement that at least 60 signatory states ratify it.[citation needed]

The regulations developed and issued by UNCLOS have global application. The meeting of the states that are part of the convention established the Commission on the Limits of the Continental Shelf (CLCS), and the validation of the commission gives political and legal legitimacy. This commission is based at the United Nations headquarters in New York.

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