686 
the seabed and the subsoil become an object of active interest to 
coastal States with a view to exploitation of their resources, “they 
cannot be considered as res nullius, i.e., capable of being appropriated 
by the first occupier. It is natural that coastal States should resist 
any such solution.” (ILC Report, p. 43.) And then the com- 
mentary proceeds (id.): 
“Neither is it possible to disregard the geographical phenomenon 
whatever the term—propinquity, contiguity, geographical con- 
tinuity, appurtenance or identity—wused to define the relationship 
between the submarine areas in question and the adjacent non- 
submerged land. All these considerations of general utility provide 
a sufficient basis for the principle of the sovereign rights of the 
coastal State as now formulated by the Commission. As already 
stated, that principle, which is based on general principles 
corresponding to the present needs of the international community, 
is in no way incompatible with the principle of the freedom of 
the seas.” (Emphasis added.) 
Thus, the ILC left no doubt that the “adjacent” areas to which the 
Convention relates includes the submarine areas having “propinquity, 
contiguity, geographical continuity, appurtenance or identity” with the 
continental land mass. The “continental margin” meets all of these 
criteria, although any one would suffice. It is, therefore, clearly 
encompassed by the Convention. 
Additionally, the Ciudad Trujillo Conference of 1956 is of particular 
significance in construing the Convention’s definition because it was the 
outcome of this Conference which prompted ILC to incorporate the 
exploitability test in its final (1956) draft of the definition. The 
Trujillo Conference (Committee I Report) reported: 
1. “The continental shelf is from the point of view of geology, 
structure and mineralogical characteristics, an integral, although 
submerged, part of the continents and islands.” 
2. “There is no uniformity as regards the width, depth, and 
geological composition of the shelf, even in a single sea.” 
3. “The shelf is and constitutes a valuable source of natural resources, 
which should be exploited for the benefit of the coastal state.” 
4. “The extent of these resources is not known exactly, but it is 
believed ire they bear a relation to the extent of the American 
shelf. 
=) “Scientifically the term ‘continental slope’, or ‘inclination’ refers 
to the slope from the edge of the shelf to the greatest depths.” 
