427. Myanmar disputes Bangladesh’s interpretation of natural prolongation.
According to Myanmar, “[n]atural prolongation, as referred to in article 76(1) of
UNCLOS is not, and cannot be made to be, a new and independent criterion
or test of entitlement to continental shelf” beyond 200 nm. In Myanmar’s view,
natural prolongation is a legal term employed in the specific context of
defining the continental shelf and carries no scientific connotation. Under
article 76, paragraph 1, of the Convention, the controlling concept is not
natural prolongation but the “outer edge of the continental margin”, which is
precisely defined by the two formulae provided in article 76, paragraph 4.
Myanmar is of the view that “article 76 (4) of UNCLOS controls to a large
extent the application of article 76 as a whole and is the key to the provision”.
Myanmar argues that this interpretation is confirmed by the practice of the
Commission as well as the object and purpose of the provision and the
legislative history. For this reason, according to Myanmar, such scientific facts
as the origin of sediment on the seabed or in the subsoil, the nature of
sediment and the basement structure or tectonics underlying the continents
are not relevant for determining the extent of entitlement to the continental
shelf under article 76.