A Malaysian geologist in New York

Considering some geologists have to climb steep mountains or work hundreds of miles offshore in turbulent seas, it would be fair to think that a geologist’s job is “difficult, dirty and dangerous” (3D)– the dreaded ‘3-D’ well before today’s young graduates were even born!

Even among geologists, a “research geologist” (picture a geologist in a lab coat) would even rank lower on the “glamour” scale.

But I have no regrets. Having worked for over 30 years with Petronas, little did I know that I was actually preparing myself for a more important task, as a Malaysian scientist, to serve as member of a UN body of technical experts on the delineation of the outer limits of the continental shelf, as provided for under the United Nations Convention on the Law of the Sea (UNCLOS) 1982.

So, what is UNCLOS and its relevance to the continental shelf? The UNCLOS is sometimes regarded as the “constitution of the oceans.

It contains the rules in which the international community has agreed to abide by in dealing with matters on ocean governance.

These include rules on navigation, resource development, the protection and preservation of the marine environment, and the definitions of maritime spaces such as the exclusive economic zones and the continental shelf.

Article 76 of the UNCLOS defines the continental shelf of a coastal state as “the seabed and subsoil of the submarine areas that extend beyond its territorial sea. This extends throughout the natural prolongation of its land territory to the outer edge of the continental margin.

It could also extend 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.

In essence, article 76 provides the formulae by which a coastal State is able to define its continental shelf by establishing its outer limits.

In simple terms, a coastal State may delineate the outer limits of its continental shelf if it can be proven, based on geological and hydrographic information, that its continental margin extends beyond 200 nautical miles from the coast.

In order to facilitate this process, a body of experts called the Commission on the Limits of the Continental Shelf (CLCS) was established in 1997 under the UNCLOS for the purpose of making recommendations on the outer limits of the continental shelf of submitting coastal States.

UNCLOS requires that 21 experts in geology, geophysics or hydrography, be elected from among the nationals of the coastal States every 5 years to serve, in their personal capacities, as member of the CLCS.

As an independent body, it examines the scientific and technical data and information pertinent to a coastal State’s continental margins. This is a rare but critical role in which geology (and the geologist) plays in the international arena.

The delineation of maritime spaces has important implications on the rights of States to explore and exploit natural resources of the seabed in marine areas beyond their national jurisdiction (200 nautical miles from shore).

Under article 76 of UNCLOS, a coastal State may submit to the CLCS particulars (including geological and scientific information) relating to the limits of the continental shelf beyond 200 nautical miles.

The main role of the CLCS is to examine the data and information submitted by coastal States to justify their extended continental shelf beyond 200 nautical miles.

Because article 76 of UNCLOS makes use of geological concepts, such as “continental shelf” and “continental margin”, it is easy to see why geology plays an important role in the work of the CLCS.

Due to its high importance, Malaysia has been contributing significantly to the work of the CLCS since its inception in 1997, by nominating its own experts to serve in that body.

As the work of the CLCS deals with the marine environment, I am glad that my own research experiences in marine geology and offshore petroleum exploration have prepared me well for the role.

My predecessor in the CLCS was Datuk Dr Abu Bakar Jaafar, FASc., who served the CLCS for three terms from 1997 to 2012.

I was elected to my first term in 2012 (while still working with Petronas) and to the second term in 2017, just after my retirement.

As has been the practice, besides serving in the CLCS, I also serve as advisor to Malaysia’s own “Continental Shelf Project” which is under the direction of the Majlis Keselamatan Negara, Jabatan Perdana Menteri.

The project team, comprising technical and legal experts is charged with preparing Malaysia’s submission of its continental shelf claims to the CLCS.

In 2009, Malaysia submitted to the CLCS, a joint submission with Vietnam, the particulars regarding its claim to areas beyond 200 nautical miles in the South China Sea, and is awaiting them to be considered by the CLCS.

The rights of the coastal state over its continental shelf is stipulated in Article 76 of UNCLOS, primarily in that the coastal states exercise sovereign rights over the continental shelf for the purpose of exploring it and exploiting its natural resources.

“Natural resources” here includes mineral, oil, gas and other non-living resources on the seabed and subsoil, as well as living organisms belonging to sedentary (benthic) species.

Due to the enormous political and economic implications, coastal states have been submitting information on their extended continental shelves to the CLCS since 2001.

This could be one of the main reasons for the overlapping territorial claims by coastal States, as seen in many regions around the world.

The work of the CLCS is a way of addressing this issue among neighbouring coastal States in a peaceful manner.

Due to various factors, including the complexities of the technical aspects of the submissions, it may take the CLCS between several months to more than five years to examine a submission.

At the time of writing, the CLCS has received a total of 89 submissions from coastal States, including 7 partial revised submissions. The CLCS conducts its work at the UN headquarters in New York for a total of 21 weeks per year.

The work is organized in three (3) sessions per year, with each session lasting for seven (7) consecutive weeks.

Despite this long schedule, it still has a big task to complete its work and reduce the backlog of submissions.

To date, 42 submissions have been examined by the CLCS since 2001 but only 29 recommendations have been made.

Hence, there is still a long way to go before the work of the CLCS is complete. It is therefore crucial that the work of the CLCS continues to receive support, including financial, from the States which are parties to the UNCLOS so that it can carry out its mandate provided under the convention.