Exclusive Economic Zone (EEZ)
What is EEZ or Exclusive Economic Zone?
Background History of Exclusive Economic Zone.
Rights, jurisdiction and duties of the coastal State in the exclusive economic zone.
Rights and duties of other States in the exclusive economic zone.
Artificial islands, installations and structures in the exclusive economic zone.
An exclusive economic zone (EEZ) is a sea zone prescribed by the United Nations Convention on the
Law of the Sea over which a state has special rights regarding the exploration and use of marine resources, including energy production from water and wind. It stretches from the baseline out to 200 nautical miles (nmi) from its coast. In colloquial usage, the term may include the continental shelf. The term does not include either the territorial sea or the continental shelf beyond the 200 nmi limit. The difference between the territorial sea and the exclusive economic zone is that the first confers full sovereignty over the waters, whereas the second is merely a "sovereign right" which refers to the coastal state's rights below the surface of the sea. The surface waters, as can be seen in the map, are international waters.
Not surprisingly, this has led to a proliferation of disputes since the EEZs of two or more states frequently overlap, especially where states claim sovereignty to small islands. Since many nations, particularly groups of islands, are in proximity it is common to have EEZs intersect (see above map). There are three main types of EEZ boundaries. Treaty boundaries have been formally recognized by neighboring countries and are thus not contested. Median line boundaries have mainly been established by the UNCLOS convention. While many have been recognized by the concerned countries, a few are being disputed. In some cases, disputed boundaries led to large areas of disputed EEZ, notably the Spratly Islands on the South China Sea, portions being contested by China, Vietnam, Malaysia and the Philippines. From a transportation perspective, an important distinction is that vessels of other states have the freedom of navigation within the EEZ. While they also have the more restricted right to "innocent passage" through the territorial sea, the coastal state has much greater authority over foreign vessels in that zone.
According to Article 60 of United Nations Convention on the Law of the Sea (UNCLOS) III
(a) artificial islands;
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.
Background History of Exclusive Economic Zone.
Rights, jurisdiction and duties of the coastal State in the exclusive economic zone.
Rights and duties of other States in the exclusive economic zone.
Artificial islands, installations and structures in the exclusive economic zone.
Exclusive Economic Zone (EEZ)
An exclusive economic zone (EEZ) is a sea zone prescribed by the United Nations Convention on the
According to Article 55 of United Nations Convention on the Law of the Sea (UNCLOS) III
The exclusive economic zone is an area beyond and adjacent to the territorial sea, subject to the specific legal regime established in this Part, 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 this Convention.
The exclusive economic zone is an area beyond and adjacent to the territorial sea, subject to the specific legal regime established in this Part, 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 this Convention.
According to Article 57 of United Nations Convention on the Law of the Sea (UNCLOS) III
The exclusive economic zone shall not extend beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured.
Generally, a state's exclusive economic zone is an area beyond and adjacent to the territorial sea, extending seaward to a distance of no more than 200 nautical miles (370 km) out from its coastal baseline. The exception to this rule occurs when exclusive economic zones would overlap; that is, state coastal baselines are less than 400 nautical miles (740 km) apart. When an overlap occurs, it is up to the states to delineate the actual maritime boundary. Generally, any point within an overlapping area defaults to the nearest state.
Background History of Exclusive Economic Zone
The idea of allotting nations EEZs to give them more control of maritime affairs outside territorial limits gained acceptance in the late 20th century.
Initially, a country's sovereign territorial waters extended 3 nautical miles or 6 km (range of cannon shot) beyond the shore. In modern times, a country's sovereign territorial waters extend to 12 nautical miles (~22 km) beyond the shore. One of the first assertions of exclusive jurisdiction beyond the traditional territorial seas was made by the United States in the Truman Proclamation of September 28, 1945. However, it was Chile and Peru respectively that first claimed maritime zones of 200 nautical miles with the Presidential Declaration Concerning Continental Shelf of 23 June 1947 (El Mercurio, Santiago de Chile, 29 June 1947) and Presidential Decree No. 781 of 1 August 1947.
Initially, a country's sovereign territorial waters extended 3 nautical miles or 6 km (range of cannon shot) beyond the shore. In modern times, a country's sovereign territorial waters extend to 12 nautical miles (~22 km) beyond the shore. One of the first assertions of exclusive jurisdiction beyond the traditional territorial seas was made by the United States in the Truman Proclamation of September 28, 1945. However, it was Chile and Peru respectively that first claimed maritime zones of 200 nautical miles with the Presidential Declaration Concerning Continental Shelf of 23 June 1947 (El Mercurio, Santiago de Chile, 29 June 1947) and Presidential Decree No. 781 of 1 August 1947.
Traditionally, each coastal state claimed sovereignty over a territorial sea within a relatively short distance of its coastline. Fishing disputes in the 1970's led some states to claim a much larger marine territory. In 1982, the Third United Nations Convention on the Law of the Sea (UNCLOS) set a number of territorial definitions that have been broadly adopted. Full sovereignty is extended to a territorial sea extending 12 nautical miles (about 19 kilometers) from the coast. In addition, control over marine resources is extend to an Exclusive Economic Zone (EEZ) extending 200 nautical miles (370 kilometers) beyond the territorial sea of a nation's coastline (land at lowest tide).
Not surprisingly, this has led to a proliferation of disputes since the EEZs of two or more states frequently overlap, especially where states claim sovereignty to small islands. Since many nations, particularly groups of islands, are in proximity it is common to have EEZs intersect (see above map). There are three main types of EEZ boundaries. Treaty boundaries have been formally recognized by neighboring countries and are thus not contested. Median line boundaries have mainly been established by the UNCLOS convention. While many have been recognized by the concerned countries, a few are being disputed. In some cases, disputed boundaries led to large areas of disputed EEZ, notably the Spratly Islands on the South China Sea, portions being contested by China, Vietnam, Malaysia and the Philippines. From a transportation perspective, an important distinction is that vessels of other states have the freedom of navigation within the EEZ. While they also have the more restricted right to "innocent passage" through the territorial sea, the coastal state has much greater authority over foreign vessels in that zone.
Rights, jurisdiction and duties of the coastal State in the exclusive economic zone
According to Article 56 of United Nations Convention on the Law of the Sea (UNCLOS) III
1. In the exclusive economic zone, the coastal State has:
(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.
2. 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.
3. The rights set out in this article with respect to the seabed and subsoil shall be exercised in accordance with Part VI.
Rights and duties of other States in the exclusive economic zone
According to Article 58 of United Nations Convention on the Law of the Sea (UNCLOS) III
1. 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.
2. 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.
3. 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.
Artificial islands, installations and structures in the exclusive economic zone
According to Article 60 of United Nations Convention on the Law of the Sea (UNCLOS) III
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:
(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.
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.
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.
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.
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.
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.
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.
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