Exclusive Economic Zone (United Nations Convention on the Law of the Sea)
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| Exclusive Economic Zone (United Nations Convention on the Law of the Sea) | |
|---|---|
| Name | Exclusive Economic Zone |
| Treaty | United Nations Convention on the Law of the Sea |
| Established | 1982 |
| Extent | 200 nautical miles |
| Type | Maritime zone |
| Governing | United Nations |
Exclusive Economic Zone (United Nations Convention on the Law of the Sea)
The Exclusive Economic Zone as defined in the United Nations Convention on the Law of the Sea establishes a maritime zone extending up to 200 nautical miles from the baselines of a coastal state, creating specialized legal entitlements for natural resources and certain jurisdictional competences recognized by United Nations General Assembly, International Court of Justice, International Tribunal for the Law of the Sea, United Nations Conference on the Law of the Sea and numerous coastal and island states such as United States, China, India, Australia, and Brazil.
Definition and Legal Basis
The EEZ concept derives from article 55–75 of the United Nations Convention on the Law of the Sea negotiated at the Third United Nations Conference on the Law of the Sea and adopted by the United Nations General Assembly and opened for signature in 1982, with entry into force following ratification by signatories including United States (proclaimed by proclamation and domestic law in some cases), Soviet Union successor states, Japan, Norway, and United Kingdom. The legal basis interacts with prior instruments such as the Truman Proclamation and adjudications by the International Court of Justice, International Tribunal for the Law of the Sea, and arbitral awards like the Philippines v. China arbitration while reflecting state practice by littoral powers including Chile, Peru, Canada, and Indonesia.
Delimitation and Measurement
Delimitation of EEZs employs baselines, straight baselines, and low-tide elevations as governed by articles of the United Nations Convention on the Law of the Sea and informed by precedents from tribunals including the International Court of Justice decisions in the North Sea Continental Shelf cases and the Maritime Delimitation in the Black Sea (Romania v. Ukraine). Measurement uses the 12-nautical-mile Territorial sea baseline, provisional equidistance lines applied between adjacent states such as Spain and France, and median lines in semi-enclosed seas like the Mediterranean Sea where states including Italy, Greece, Turkey, and Egypt negotiate delimitation; disputed scenarios involve archipelagic claims by Philippines, Indonesia, and Japan and continental shelf overlaps between Norway and Russia.
Rights and Jurisdiction of Coastal States
Within the EEZ the coastal state enjoys sovereign rights over living and non-living resources and jurisdiction for marine scientific research, environmental protection, and construction of artificial islands under articles 56 and 60 of the United Nations Convention on the Law of the Sea, a regime invoked by states such as Norway for fisheries, Australia for petroleum, Nigeria for hydrocarbons, and United Kingdom for subsea installations; enforcement actions reference powers recognized by the International Tribunal for the Law of the Sea and decisions involving Ecuador and Peru fisheries. Coastal jurisdiction interacts with rights of passage recognized for flag states like Marshall Islands, Panama, and Liberia and with port-state measures applied by France and Spain.
Rights and Duties of Other States
Other states retain freedoms of navigation and overflight, the laying of submarine cable governed by historic practice and instruments such as the Convention on the International Regulations for Preventing Collisions at Sea and entitlements to conduct marine scientific research subject to coastal consent as contested in disputes like South China Sea arbitration; flag states including United States, China, Russia, United Kingdom, and France assert rights to transit and operations while coastal states including Vietnam, Malaysia, and Brunei assert regulatory measures. Duties of all states include cooperation on pollution prevention reflected in instruments such as the Convention on Biological Diversity, London Convention, and decisions of the International Maritime Organization with enforcement cooperation among regional organizations like the European Union and Association of Southeast Asian Nations.
Resource Management and Environmental Protection
EEZ governance under UNCLOS requires coastal states to manage fisheries, conserve marine living resources, and prevent pollution, obligations implemented via national agencies such as National Oceanic and Atmospheric Administration, Bureau of Fisheries and Aquatic Resources, and regional fisheries management organizations including the North East Atlantic Fisheries Commission, Commission for the Conservation of Antarctic Marine Living Resources, and Western and Central Pacific Fisheries Commission. Environmental protection intersects with global regimes like the Convention on Biological Diversity, Paris Agreement, and rulings by the International Tribunal for the Law of the Sea, and has driven measures such as marine protected areas declared by New Zealand, Chile, and Australia and cooperative research by institutions including Scripps Institution of Oceanography, Woods Hole Oceanographic Institution, and CSIR.
Disputes, Enforcement, and Adjudication
Disputes over EEZ limits and rights have been subject to negotiation, arbitration, and adjudication before fora such as the International Tribunal for the Law of the Sea, International Court of Justice, and special arbitral tribunals under Annex VII of UNCLOS, with landmark cases including Maritime Delimitation and Territorial Questions between Qatar and Bahrain, Guyana v. Suriname (Arbitral Tribunal), and Philippines v. China arbitration. Enforcement involves coast guards and navies of states like United States Coast Guard, Royal Navy, People's Liberation Army Navy, and multilateral patrols coordinated by organizations such as NATO and ASEAN Regional Forum; remedies range from provisional measures requested at the International Court of Justice to bilateral agreements like the Treaty of Tordesillas-era settlements echoing modern boundary treaties between Ireland and United Kingdom or Denmark and Norway.