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STATEMENT : AGENDA ITEM 10(A): INFORMATION REPORTED BY THE CHAIR OF THE COMMISSION ON THE LIMITS OF THE CONTINENTAL SHELF AT THE THIRTY-FIFTH MEETING

STATEMENT BY

YBHG. DATIN PADUKA DR. ADINA KAMARUDIN

DIRECTOR-GENERAL

DEPARTMENT OF MARITIME AFFAIRS

MINISTRY OF FOREIGN AFFAIRS OF MALAYSIA

ON AGENDA ITEM 10(A): INFORMATION REPORTED BY THE CHAIR OF
THE COMMISSION ON THE LIMITS OF THE CONTINENTAL SHELF

AT THE THIRTY-FIFTH MEETING OF STATES PARTIES TO
THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA

NEW YORK

23-27 JUNE 2025

 

 

 

Mr. President,

 

 

  1. On behalf of my delegation, I thank Mr. Aldino Campos of Portugal, Chair of the Commission on the Limits of the Continental Shelf (CLCS), for presenting the progress of work for the 61st, 62nd and 63rd sessions. Malaysia is proud and honoured that two of our nationals have served on the Commission for five consecutive terms since 1997-2022.

 

  1. With regard to this agenda item, Malaysia wishes to make the following statement:

 

  1. Malaysia has fulfilled its obligations under Article 76 of the United Nations Convention on the Law of the Sea (UNCLOS) by submitting comprehensive particulars on its continental shelf beyond 200 nautical miles, namely: (i) Joint Submission with the Socialist Republic of Vietnam in 2009; and (ii) Partial Submission by Malaysia in 2019. Both submissions were prepared based on sound scientific and technical data, in accordance with Article 76 of UNCLOS and the Scientific and Technical Guidelines of the CLCS. Malaysia observes that from the 95 submissions received thus far, either individually or jointly, a number have been deferred, including those by Malaysia. 

 

  1. Malaysia is of the view that Article 5(a) of Annex I to the Rules of Procedure of the CLCS, as currently applied, is inconsistent with the text, object and purpose of Article 76 of UNCLOS. More specifically, it conflicts with the mandatory language of Article 76(8), which states that the Commission “shall make recommendations to coastal States”. This obligation is undermined by the Rules of Procedure of the CLCS, which inadvertently compel the Commission to refrain from acting in the presence of a dispute. Such inconsistency weakens the effective implementation of UNCLOS, diminishes the perceived authority of the CLCS and contributes to legal and procedural uncertainty for coastal States seeking to exercise their rights under Article 76.

 

  1. Malaysia further observes that that paragraph 5 (a) of Annex I of the Rules of Procedure of the CLCS would not be in line with the spirit of Article 76 of UNCLOS, particularly paragraphs 7 and 10, which state that “the coastal State shall delineate the outer limits of its continental shelf” and that “the provisions of this article are without prejudice to the question of delimitation of the continental shelf between States” respectively. Additionally, the same paragraph imposes an additional obligation on the submitting State to seek consent from other States to avoid deferment by the CLCS.

 

  1. Since 2007, the deferment of submission by the CLCS has remained a subject of concern at SPLOS meetings, reflecting its far-reaching implications. It has placed Malaysia and other submitting States at a distinct disadvantage. This situation has imposed an undue burden and considerable strain on submitting States that have committed substantial financial, technical and human resources towards the preparation of their submissions. As Malaysia has consistently advocated over the years, the CLCS, as a technical body, should be able to proceed to issue recommendations on outer limits without impacting the separate question of delimitation of overlapping entitlements in outer shelf areas.

 

  1. Malaysia is of the view that this would lead to the prolonged absence of the establishment of the outer limits of the continental shelf and the delineation of the affected areas between the Area and areas under national jurisdiction, a scenario that is not envisaged by UNCLOS in the long term. Ultimately, the submissions made by Malaysia and other affected States may risk becoming meaningless and futile, despite their considerable efforts undertaken in good faith to fulfil their rights and obligations under the Convention.

 

Thank you, Mr. President.

 

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6/23/25