The coastal State exercises sovereign rights over the continental shelf for the purpose of exploring and exploiting its natural resources in accordance with Article 77(1). The principal features of sovereign rights can be summarised in six points:(i) The sovereign rights of the coastal State over the continental shelf are inherent rights, and do not depend on occupation, effective or notional, or on any express proclamation. Thus a continental shelf exists ipso facto and ab initio. (ii) The sovereign rights of the coastal State relate to the exploration and exploitation of natural resources on the continental shelf. Non-natural resources are not included in the ambit of sovereign rights of the coastal State even if they are found on the continental shelf.For instance, wrecks lying on the shelf do not fall within the ambit of sovereign rights over the continental shelf. Sovereign rights are thus characterised by the lack of comprehensiveness of material scope. On this point, sovereign rights must be distinguished from territorial sovereignty.(iii) The natural resources basically consist of the mineral and other non-living resources of the seabed and subsoil. However, exceptionally, sedentary species are also included in natural resources on the continental shelf. Under Article 77(4), the sedentary species are organisms which, at the harvestable stage, either are immobile on or under the seabed or are unable to move except in constant physical contact with the seabed or the subsoil.Examples include oysters, clams and abalone. Yet it is debatable whether crabs and lobster fall within the category of sedentary species. Where the coastal State established the EEZ, that State has sovereign rights to explore and exploit all marine living resources on the seabed in the zone.(iv) Although there is no provision like Article 73(1), there seems to be a general sense that sovereign rights include legislative and enforcement jurisdiction with a view to exploring and exploiting natural resources on the continental shelf. In fact, Article 111(2) stipulates:The right of hot pursuit shall apply mutatis mutandis to violations in the exclusive economic zone or on the continental shelf, including safety zones around continental shelf installations, of the laws and regulations of the coastal State applicable in accordance with this Convention to the exclusive economic zone or the continental shelf, including such safety zones.This provision appears to suggest that the coastal State has legislative and enforcement jurisdiction with respect to the continental shelf. Related to this, it must be recalled that Article 77 of the LOSC largely reproduces the 1958 Geneva Convention on the Continental Shelf. The commentary of the ILC in relation to the draft provision reflected in Article 77 states that the text setting out the rights of the coastal State in relation to the continental shelf:leave no doubt that the rights conferred upon the coastal state cover all rights necessary for and connected with the exploration and exploitation of the resources of the continental shelf. Such rights include jurisdiction in connection with the prevention and punishment of violations of the law. (v) The sovereign rights of the coastal…
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