Exclusive economic zone
Exclusive Economic Zone (EEZ) is a concept defined by the United Nations Convention on the Law of the Sea (UNCLOS), which allows a coastal state to claim sovereign rights over the exploration and use of marine resources, including energy production from water and wind, within a defined area extending beyond its territorial sea, up to 200 nautical miles from its coast. The EEZ is a significant aspect of maritime law, providing a balance between the coastal state's interests and the principle of the high seas being open to all states.
Definition and Legal Framework
The EEZ extends from the edge of the territorial sea out to 200 nautical miles (370.4 kilometers) from the baseline of a coastal state's territory. Within this zone, the coastal state has exclusive rights to exploit natural resources, both living and non-living, of the waters superjacent to the seabed and its subsoil. This includes the rights to manage the exploitation of marine species, mineral extraction, and the production of energy from water and wind.
The legal framework for the EEZ is primarily established by Part V of the United Nations Convention on the Law of the Sea (UNCLOS), which came into force on November 16, 1994. UNCLOS articulates the rights and responsibilities of states concerning their use of the world's oceans, aiming to balance the environmental protection with the equitable and efficient utilization of resources.
Rights and Responsibilities
Within its EEZ, a coastal state has:
- Sovereign rights for the purpose of exploring, exploiting, conserving, and managing natural resources, both living and non-living.
- Exclusive rights to authorize and regulate the construction, operation, and use of artificial islands, installations, and structures.
- Jurisdiction over marine scientific research and the protection and preservation of the marine environment.
- The obligation to ensure that activities within its EEZ do not harm the environment of other states or areas beyond national jurisdiction.
However, other states have the freedom of navigation and overflight, as well as the freedom to lay submarine cables and pipelines, subject to the UNCLOS regulations.
Disputes
The delineation of EEZ boundaries can lead to disputes between neighboring states, especially in semi-enclosed seas or where the distance between two countries is less than 400 nautical miles. Disputes are often resolved through negotiations, arbitration, or adjudication by international courts, such as the International Court of Justice or the International Tribunal for the Law of the Sea.
Significance
The concept of the EEZ has significantly increased the maritime territory for resource exploration and exploitation by coastal states, contributing to their economic development. It also plays a crucial role in the conservation and sustainable use of marine resources, a key aspect of addressing global challenges such as food security and climate change.
Challenges
Enforcement of laws within the EEZ, illegal, unreported, and unregulated (IUU) fishing, and the environmental impacts of resource exploitation are ongoing challenges. Coastal states must balance economic benefits with the sustainable management and conservation of marine resources to prevent overexploitation and environmental degradation.
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Contributors: Prab R. Tumpati, MD