Natural prolongation
Encyclopedia
The natural prolongation principle or principle of natural prolongation is a legal concept introduced in maritime
claims submitted to the United Nations
.
The phrase denotes a concept of political geography
and international law
— that a nation's maritime boundaries
should reflect the 'natural prolongation' of where its land territory reaches the coast. Oceanographic descriptions of the land mass under coastal waters became conflated
and confused with criteria which are deemed relevant in border delimitation. This concept was developed in the process of settling disputes where the border
s of adjacent nations were located on a contiguous continental shelf.
An unresolved issue is whether a natural prolongation defined scientifically without reference to equitable principles shall be construed as a "natural prolongation" for the purpose of maritime border delimitation or maritime boundary disputes.
The relevance and importance of natural prolongation as a factor in delimitation disputes and agreements has declined during the period in which international acceptance of UNCLOS III has expanded.
The Malta/Libya Case in 1985 is marked as the eventual demise of the natural prolongation principle being used in delimiting between adjoining national maritime boundaries.
Ocean
An ocean is a major body of saline water, and a principal component of the hydrosphere. Approximately 71% of the Earth's surface is covered by ocean, a continuous body of water that is customarily divided into several principal oceans and smaller seas.More than half of this area is over 3,000...
claims submitted to the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
.
The phrase denotes a concept of political geography
Political geography
Political geography is the field of human geography that is concerned with the study of both the spatially uneven outcomes of political processes and the ways in which political processes are themselves affected by spatial structures...
and international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
— that a nation's maritime boundaries
Maritime boundary
Maritime boundary is a conceptual means of division of the water surface of the planet into maritime areas that are defined through surrounding physical geography or by human geography. As such it usually includes areas of exclusive national rights over the mineral and biological resources,...
should reflect the 'natural prolongation' of where its land territory reaches the coast. Oceanographic descriptions of the land mass under coastal waters became conflated
Conflation
Conflation occurs when the identities of two or more individuals, concepts, or places, sharing some characteristics of one another, become confused until there seems to be only a single identity — the differences appear to become lost...
and confused with criteria which are deemed relevant in border delimitation. This concept was developed in the process of settling disputes where the border
Border
Borders define geographic boundaries of political entities or legal jurisdictions, such as governments, sovereign states, federated states and other subnational entities. Some borders—such as a state's internal administrative borders, or inter-state borders within the Schengen Area—are open and...
s of adjacent nations were located on a contiguous continental shelf.
An unresolved issue is whether a natural prolongation defined scientifically without reference to equitable principles shall be construed as a "natural prolongation" for the purpose of maritime border delimitation or maritime boundary disputes.
History
The phrase natural prolongation was established as a concept in the North Sea Continental Cases in 1969.The relevance and importance of natural prolongation as a factor in delimitation disputes and agreements has declined during the period in which international acceptance of UNCLOS III has expanded.
The Malta/Libya Case in 1985 is marked as the eventual demise of the natural prolongation principle being used in delimiting between adjoining national maritime boundaries.