Exclusive Economic Zone

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The exclusive economic zone is an area beyond and adjacent to the territorial sea, subject to the specific legal regime established in Part of the UNCLOS, under which the rights and jurisdiction of the coastal State and the rights and freedoms of other States are governed by the relevant provisions of the UNCLOS.[1]


Contents

Breadth of the EEZ

The exclusive economic zone shall not extend beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured.[2]


Delimitation of the exclusive economic zone

The delimitation of the exclusive economic zone between States with opposite or adjacent coasts shall be effected by agreement on the basis of international law, as referred to in Article 38 of the Statute of the International Court of Justice, in order to achieve an equitable solution.[3] Where there is an agreement in force between the States concerned, questions relating to the delimitation of the exclusive economic zone shall be determined in accordance with the provisions of that agreement.[4]

Pending such agreement, the States concerned shall make every effort to enter into provisional arrangements of a practical nature and, during this transitional period, not to jeopardize or hamper the reaching of the final agreement. Such arrangements shall be without prejudice to the final delimitation.[5] If no agreement can be reached within a reasonable period of time, the States concerned shall resort to the procedures provided for in Part XV of UNCLOS.[6]


The outer limit lines of the exclusive economic zone and the lines of delimitation drawn in accordance with article 74 shall be shown on charts of a scale or scales adequate for ascertaining their position. Where appropriate, lists of geographical coordinates of points, specifying the geodetic datum, may be substituted for such outer limit lines or lines of delimitation.[7] The coastal State shall give due publicity to such charts or lists of geographical coordinates and shall deposit a copy of each such chart or list with the Secretary-General of the United Nations.[8]


Rights, jurisdiction and duties relating to the EEZ

The coastal State has jurisdiction over the EEZ, with the corresponding rights and duties. To a certain extent, other States have rights and duties as well.

Rights, jurisdiction and duties of coastal State

In the exclusive economic zone, the coastal State has:[9]

(a) sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the waters superjacent to the seabed and of the seabed and its subsoil, and with regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds;
(b) jurisdiction as provided for in the relevant provisions of this Convention with regard to:
(i) the establishment and use of artificial islands, installations and structures;
(ii) marine scientific research;
(iii) the protection and preservation of the marine environment;
(c) other rights and duties provided for in this Convention.

In exercising its rights and performing its duties under this Convention in the exclusive economic zone, the coastal State shall have due regard to the rights and duties of other States and shall act in a manner compatible with the provisions of this Convention.[10]

The rights set out in this article with respect to the seabed and subsoil shall be exercised in accordance with Part VI of the UNCLOS.[11]

Artificial islands, installations and structures

1. In the exclusive economic zone, the coastal State shall have the exclusive right to construct and to authorize and regulate the construction, operation and use of:[12]

(a) artificial islands;

(b) installations and structures for the purposes provided for in article 56 and other economic purposes;

(c) installations and structures which may interfere with the exercise of the rights of the coastal State in the zone.

2. The coastal State shall have exclusive jurisdiction over such artificial islands, installations and structures, including jurisdiction with regard to customs, fiscal, health, safety and immigration laws and regulations.[13]

3. Due notice must be given of the construction of such artificial islands, installations or structures, and permanent means for giving warning of their presence must be maintained. Any installations or structures which are abandoned or disused shall be removed to ensure safety of navigation, taking into account any generally accepted international standards established in this regard by the competent international organization. Such removal shall also have due regard to fishing, the protection of the marine environment and the rights and duties of other States. Appropriate publicity shall be given to the depth, position and dimensions of any installations or structures not entirely removed.[14]

4. The coastal State may, where necessary, establish reasonable safety zones around such artificial islands, installations and structures in which it may take appropriate measures to ensure the safety both of navigation and of the artificial islands, installations and structures.[15]

5. The breadth of the safety zones shall be determined by the coastal State, taking into account applicable international standards. Such zones shall be designed to ensure that they are reasonably related to the nature and function of the artificial islands, installations or structures, and shall not exceed a distance of 500 metres around them, measured from each point of their outer edge, except as authorized by generally accepted international standards or as recommended by the competent international organization. Due notice shall be given of the extent of safety zones.[16]

6. All ships must respect these safety zones and shall comply with generally accepted international standards regarding navigation in the vicinity of artificial islands, installations, structures and safety zones.[17]

7. Artificial islands, installations and structures and the safety zones around them may not be established where interference may be caused to the use of recognized sea lanes essential to international navigation.[18]

8. Artificial islands, installations and structures do not possess the status of islands. They have no territorial sea of their own, and their presence does not affect the delimitation of the territorial sea, the exclusive economic zone or the continental shelf.[19]


Rights and duties of other States

In the exclusive economic zone, all States, whether coastal or land-locked, enjoy, subject to the relevant provisions of this Convention, the freedoms referred to in article 87 of navigation and overflight and of the laying of submarine cables and pipelines, and other internationally lawful uses of the sea related to these freedoms, such as those associated with the operation of ships, aircraft and submarine cables and pipelines, and compatible with the other provisions of this Convention.[20]

Articles 88 to 115 and other pertinent rules of international law apply to the exclusive economic zone in so far as they are not incompatible with this Part.[21]

In exercising their rights and performing their duties under this Convention in the exclusive economic zone, States shall have due regard to the rights and duties of the coastal State and shall comply with the laws and regulations adopted by the coastal State in accordance with the provisions of this Convention and other rules of international law in so far as they are not incompatible with this Part.[22]

Right of land-locked States

1. Land-locked States shall have the right to participate, on an equitable basis, in the exploitation of an appropriate part of the surplus of the living resources of the exclusive economic zones of coastal States of the same subregion or region, taking into account the relevant economic and geographical circumstances of all the States concerned and in conformity with the provisions of this article and of articles 61 and 62.[23]

2. The terms and modalities of such participation shall be established by the States concerned through bilateral, subregional or regional agreements taking into account, inter alia:[24]

(a) the need to avoid effects detrimental to fishing communities or fishing industries of the coastal State;

(b) the extent to which the land-locked State, in accordance with the provisions of this article, is participating or is entitled to participate under existing bilateral, subregional or regional agreements in the exploitation of living resources of the exclusive economic zones of other coastal States;

(c) the extent to which other land-locked States and geographically disadvantaged States are participating in the exploitation of the living resources of the exclusive economic zone of the coastal State and the consequent need to avoid a particular burden for any single coastal State or a part of it;

(d) the nutritional needs of the populations of the respective States.

When the harvesting capacity of a coastal State approaches a point which would enable it to harvest the entire allowable catch of the living resources in its exclusive economic zone, the coastal State and other States concerned shall cooperate in the establishment of equitable arrangements on a bilateral, subregional or regional basis to allow for participation of developing land-locked States of the same subregion or region in the exploitation of the living resources of the exclusive economic zones of coastal States of the subregion or region, as may be appropriate in the circumstances and on terms satisfactory to all parties. In the implementation of this provision the factors mentioned in paragraph 2 shall also be taken into account.[25]

Developed land-locked States shall, under the provisions of this article, be entitled to participate in the exploitation of living resources only in the exclusive economic zones of developed coastal States of the same subregion or region having regard to the extent to which the coastal State, in giving access to other States to the living resources of its exclusive economic zone, has taken into account the need to minimize detrimental effects on fishing communities and economic dislocation in States whose nationals have habitually fished in the zone.[26]

The above provisions are without prejudice to arrangements agreed upon in subregions or regions where the coastal States may grant to land-locked States of the same subregion or region equal or preferential rights for the exploitation of the living resources in the exclusive economic zones.[27]

Right of geographically disadvantaged States

1. Geographically disadvantaged States shall have the right to participate, on an equitable basis, in the exploitation of an appropriate part of the surplus of the living resources of the exclusive economic zones of coastal States of the same subregion or region, taking into account the relevant economic and geographical circumstances of all the States concerned and in conformity with the provisions of this article and of articles 61 and 62.[28]

2. For the purposes of this Part, "geographically disadvantaged States" means coastal States, including States bordering enclosed or semi-enclosed seas, whose geographical situation makes them dependent upon the exploitation of the living resources of the exclusive economic zones of other States in the subregion or region for adequate supplies of fish for the nutritional purposes of their populations or parts thereof, and coastal States which can claim no exclusive economic zones of their own.[29]

3. The terms and modalities of such participation shall be established by the States concerned through bilateral, subregional or regional agreements taking into account, inter alia:[30]

(a) the need to avoid effects detrimental to fishing communities or fishing industries of the coastal State;

(b) the extent to which the geographically disadvantaged State, in accordance with the provisions of this article, is participating or is entitled to participate under existing bilateral, subregional or regional agreements in the exploitation of living resources of the exclusive economic zones of other coastal States;

(c) the extent to which other geographically disadvantaged States and land-locked States are participating in the exploitation of the living resources of the exclusive economic zone of the coastal State and the consequent need to avoid a particular burden for any single coastal State or a part of it;

(d) the nutritional needs of the populations of the respective States.

When the harvesting capacity of a coastal State approaches a point which would enable it to harvest the entire allowable catch of the living resources in its exclusive economic zone, the coastal State and other States concerned shall cooperate in the establishment of equitable arrangements on a bilateral, subregional or regional basis to allow for participation of developing geographically disadvantaged States of the same subregion or region in the exploitation of the living resources of the exclusive economic zones of coastal States of the subregion or region, as may be appropriate in the circumstances and on terms satisfactory to all parties. In the implementation of this provision the factors mentioned in paragraph 3 shall also be taken into account.[31]

Developed geographically disadvantaged States shall, under the provisions of this article, be entitled to participate in the exploitation of living resources only in the exclusive economic zones of developed coastal States of the same subregion or region having regard to the extent to which the coastal State, in giving access to other States to the living resources of its exclusive economic zone, has taken into account the need to minimize detrimental effects on fishing communities and economic dislocation in States whose nationals have habitually fished in the zone.[32]

The above provisions are without prejudice to arrangements agreed upon in subregions or regions where the coastal States may grant to geographically disadvantaged States of the same subregion or region equal or preferential rights for the exploitation of the living resources in the exclusive economic zones.[33]

Non-applicability in certain instances; Restrictions on Transfer

The rights and duties of land-locked States and geographically disadvantaged States do not apply in the case of a coastal State whose economy is overwhelmingly dependent on the exploitation of the living resources of its exclusive economic zone.[34]

Also, rights granted to land-locked States and geographically disadvantaged States to exploit living resources shall not be directly or indirectly transferred to third States or their nationals by lease or licence, by establishing joint ventures or in any other manner which has the effect of such transfer unless otherwise agreed by the States concerned.[35] However, this does not preclude the States concerned from obtaining technical or financial assistance from third States or international organizations in order to facilitate the exercise of the rights pursuant to articles 69 and 70, provided that it does not have the effect referred to in paragraph 1.[36]


Enforcement of laws and regulations of the coastal State

The coastal State may, in the exercise of its sovereign rights to explore, exploit, conserve and manage the living resources in the exclusive economic zone, take such measures, including boarding, inspection, arrest and judicial proceedings, as may be necessary to ensure compliance with the laws and regulations adopted by it in conformity with this Convention.[37]

Arrested vessels and their crews shall be promptly released upon the posting of reasonable bond or other security.[38] In cases of arrest or detention of foreign vessels the coastal State shall promptly notify the flag State, through appropriate channels, of the action taken and of any penalties subsequently imposed.[39]

Coastal State penalties for violations of fisheries laws and regulations in the exclusive economic zone may not include imprisonment, in the absence of agreements to the contrary by the States concerned, or any other form of corporal punishment.[40]


Resolution of conflicts

In cases where this Convention does not attribute rights or jurisdiction to the coastal State or to other States within the exclusive economic zone, and a conflict arises between the interests of the coastal State and any other State or States, the conflict should be resolved on the basis of equity and in the light of all the relevant circumstances, taking into account the respective importance of the interests involved to the parties as well as to the international community as a whole.[41]


See also


References

  1. ↑ Article 55, Part V, United Nations Convention on the Law of the Sea (UNCLOS)
  2. ↑ Article 57, Part V, United Nations Convention on the Law of the Sea (UNCLOS)
  3. ↑ Article 74(1), Part V, United Nations Convention on the Law of the Sea (UNCLOS)
  4. ↑ Article 74(4), Part V, United Nations Convention on the Law of the Sea (UNCLOS)
  5. ↑ Article 74(3), United Nations Convention on the Law of the Sea (UNCLOS)
  6. ↑ Article 74(2), Part V, United Nations Convention on the Law of the Sea (UNCLOS)
  7. ↑ Article 75(1), Part V, United Nations Convention on the Law of the Sea (UNCLOS)
  8. ↑ Article 75(2), Part V, United Nations Convention on the Law of the Sea (UNCLOS)
  9. ↑ Article 56(1), Part V, United Nations Convention on the Law of the Sea (UNCLOS)
  10. ↑ Article 56(2), Part V, United Nations Convention on the Law of the Sea (UNCLOS)
  11. ↑ Article 56(3), Part V, United Nations Convention on the Law of the Sea (UNCLOS)
  12. ↑ Article 60 (1), Part V, United Nations Convention on the Law of the Sea (UNCLOS)
  13. ↑ Article 60 (2), Part V, United Nations Convention on the Law of the Sea (UNCLOS)
  14. ↑ Article 60 (3), Part V, United Nations Convention on the Law of the Sea (UNCLOS)
  15. ↑ Article 60 (4), Part V, United Nations Convention on the Law of the Sea (UNCLOS)
  16. ↑ Article 60 (5), Part V, United Nations Convention on the Law of the Sea (UNCLOS)
  17. ↑ Article 60 (6), Part V, United Nations Convention on the Law of the Sea (UNCLOS)
  18. ↑ Article 60 (7), Part V, United Nations Convention on the Law of the Sea (UNCLOS)
  19. ↑ Article 60 (8), Part V, United Nations Convention on the Law of the Sea (UNCLOS)
  20. ↑ Article 58(1), Part V, United Nations Convention on the Law of the Sea (UNCLOS)
  21. ↑ Article 58(2), Part V, United Nations Convention on the Law of the Sea (UNCLOS)
  22. ↑ Article 58(3), Part V, United Nations Convention on the Law of the Sea (UNCLOS)
  23. ↑ Article 69 (1), Part V, United Nations Convention on the Law of the Sea (UNCLOS)
  24. ↑ Article 69 (2), Part V, United Nations Convention on the Law of the Sea (UNCLOS)
  25. ↑ Article 69 (3), Part V, United Nations Convention on the Law of the Sea (UNCLOS)
  26. ↑ Article 69 (4), Part V, United Nations Convention on the Law of the Sea (UNCLOS)
  27. ↑ Article 69 (5), Part V, United Nations Convention on the Law of the Sea (UNCLOS)
  28. ↑ Article 70 (1), Part V, United Nations Convention on the Law of the Sea (UNCLOS)
  29. ↑ Article 70 (2), Part V, United Nations Convention on the Law of the Sea (UNCLOS)
  30. ↑ Article 70 (3), Part V, United Nations Convention on the Law of the Sea (UNCLOS)
  31. ↑ Article 70 (4), Part V, United Nations Convention on the Law of the Sea (UNCLOS)
  32. ↑ Article 70 (5), Part V, United Nations Convention on the Law of the Sea (UNCLOS)
  33. ↑ Article 70 (6), Part V, United Nations Convention on the Law of the Sea (UNCLOS)
  34. ↑ Article 71, Part V, United Nations Convention on the Law of the Sea (UNCLOS)
  35. ↑ Article 72 (1), Part V, United Nations Convention on the Law of the Sea (UNCLOS)
  36. ↑ Article 72 (2), Part V, United Nations Convention on the Law of the Sea (UNCLOS)
  37. ↑ Article 73(1), Part V, United Nations Convention on the Law of the Sea (UNCLOS)
  38. ↑ Article 73(2), United Nations Convention on the Law of the Sea (UNCLOS)
  39. ↑ Article 73(4), Part V, United Nations Convention on the Law of the Sea (UNCLOS)
  40. ↑ Article 73(3), Part V, United Nations Convention on the Law of the Sea (UNCLOS)
  41. ↑ Article 59, Part V, United Nations Convention on the Law of the Sea (UNCLOS)
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