Model Answer
0 min readIntroduction
The United Nations Convention on the Law of the Sea (UNCLOS), 1982, is the foundational treaty governing maritime zones and their use. It establishes a legal framework for states' rights and responsibilities regarding the seas. Recent incidents, like the disputes in the South China Sea and increased resource exploration, highlight the ongoing relevance of UNCLOS. This answer will explain the rights and duties of coastal states over the continental shelf, Exclusive Economic Zone (EEZ), and high seas, as defined by UNCLOS, emphasizing the distinctions and potential conflicts arising from these provisions.
Understanding Maritime Zones under UNCLOS
UNCLOS defines several maritime zones, each with specific rights and responsibilities for coastal states and other nations. The key zones relevant to this question are the continental shelf, the Exclusive Economic Zone (EEZ), and the high seas.
1. Continental Shelf
The continental shelf is defined as the seabed and subsoil of the submerged land extending from the coast of a state to the outer edge of the continental margin.
- Coastal State Rights: Sovereign rights for exploration and exploitation of mineral resources (UNCLOS Article 77). Control over scientific research (Article 76).
- Duties: Must manage non-living resources responsibly, ensuring non-discriminatory access to developing states (Article 77).
- Duration: Rights extend for a maximum of 200 nautical miles or, if broader, up to 350 nautical miles from the baseline.
2. Exclusive Economic Zone (EEZ)
The EEZ extends 200 nautical miles from the baseline. It grants coastal states special rights over marine resources.
- Coastal State Rights: Sovereign rights to explore and exploit, including living and non-living resources (UNCLOS Article 56). Jurisdiction over scientific research and marine environment protection (Article 56). Right to establish an economic zone.
- Duties: Must protect the marine environment (Article 56). Ensure access for foreign fishing vessels under conditions outlined in UNCLOS (Article 58).
- Other States' Rights: Freedom of navigation and overflight. Laying of submarine cables and pipelines.
3. High Seas
The high seas are all parts of the ocean beyond national jurisdiction.
- Coastal State Rights: Limited rights. Can only exert rights if related to the EEZ or continental shelf.
- Duties: No sovereign rights. Must respect the freedom of the high seas for all nations (UNCLOS Article 87). Must cooperate in conserving the living resources of the high seas (Article 117).
- Other States' Rights: Freedom of navigation, fishing, scientific research, and flying the flag of any nation.
| Zone | Coastal State Rights | Other States' Rights | Key Provisions (UNCLOS Article) |
|---|---|---|---|
| Continental Shelf | Exploration & Exploitation of Resources | Limited; Scientific Research | 76, 77 |
| EEZ | Exploration & Exploitation of Resources, Marine Environment Protection | Freedom of Navigation & Overflight | 56, 58 |
| High Seas | Minimal; Primarily Duty of Conservation | Freedom of Navigation, Fishing, Research | 87, 117 |
Challenges and Disputes
The interpretation and implementation of UNCLOS have been a source of disputes. The South China Sea dispute, involving China’s claims based on historical rights, clashes with UNCLOS provisions on EEZs and continental shelves. Disputes also arise concerning the delimitation of maritime boundaries and the exploitation of resources.
The Arctic region presents unique challenges with melting ice, potentially opening up new areas for resource exploitation and navigation, further straining existing legal frameworks.
Conclusion
In conclusion, UNCLOS 1982 provides a comprehensive legal framework for managing maritime zones, delineating the rights and duties of coastal states and other nations. While the treaty has been instrumental in promoting order at sea, its interpretation and implementation remain contentious, particularly concerning resource exploitation and boundary delimitation. Continued adherence to the principles of UNCLOS and peaceful dispute resolution mechanisms is crucial for maintaining stability and sustainable use of the world's oceans.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.