Exclusive Economic Zone and the rights of other States thereto

Understanding the Exclusive Economic Zone (EEZ)

The EEZ concept emerged from the Third United Nations Conference on the Law of the Sea (UNCLOS III) and was codified in UNCLOS 1982. It represents a compromise between the desire of coastal states to control resources and the need to ensure freedom of navigation and other legitimate uses of the high seas. The EEZ is not a territorial sea; it is a zone of sovereign rights and jurisdiction, limited by maritime delimitation.

Rights of the Coastal State within the EEZ

The coastal state enjoys extensive rights within its EEZ, as detailed in UNCLOS:

• Sovereign Rights for Resource Exploitation: The coastal state has the exclusive right to exploit and manage the living and non-living resources within the EEZ. This includes fishing, mining, oil and gas exploration, and aquaculture.
• Jurisdiction over Marine Research: The coastal state has jurisdiction over scientific research conducted within the EEZ, requiring permission from the state.
• Protection of the Marine Environment: The coastal state has the primary responsibility for protecting the marine environment within the EEZ.
• Criminal Jurisdiction: Limited criminal jurisdiction extends to vessels flagged in the coastal state and those engaged in fishing or other economic activities in the EEZ.
• Powers to Punish Certain Offences: The coastal state can punish certain offences committed by foreign vessels within its EEZ.

Rights of Other States in Relation to the EEZ

While the coastal state has extensive rights, other states retain certain rights within the EEZ:

• Freedom of Navigation: The right of all states to navigate freely through the EEZ is guaranteed. This is a crucial aspect of international trade and maritime security.
• Freedom of Overflight: Similar to navigation, the right to fly over the EEZ is also protected.
• Submarine Cables and Pipelines: Other states have the right to lay submarine cables and pipelines through the EEZ, subject to the coastal state’s regulations.
• Lawful Uses of the Sea: Other states can engage in lawful uses of the sea, such as fishing, but subject to the coastal state’s regulations and conservation measures. This is particularly relevant for straddling fish stocks and highly migratory species.

Right	Coastal State	Other States
Resource Exploitation	Exclusive Right	Subject to Coastal State Regulations
Navigation	Right to regulate	Freedom of Navigation
Marine Research	Jurisdiction; requires permission	Limited access; subject to permission
Fishing	Manages and regulates	Subject to regulations and conservation measures

Disputes and Resolution Mechanisms

Conflicts often arise concerning EEZ boundaries, resource exploitation, and the interpretation of UNCLOS provisions. Common disputes involve:

• Boundary Delimitation: Disputes over the precise maritime boundary between states.
• Fishing Rights: Conflicts over access to fishing grounds, particularly for straddling and highly migratory fish stocks.
• Resource Exploitation: Disagreements over the exploitation of oil, gas, and other resources.

Resolution mechanisms include:

• Negotiation and Conciliation: The preferred method for resolving disputes.
• Arbitration: Parties can agree to submit the dispute to an arbitral tribunal.
• International Tribunal for the Law of the Sea (ITLOS): ITLOS provides a forum for resolving disputes related to UNCLOS.
• Regional Fisheries Management Organizations (RFMOs): These organizations play a crucial role in managing fisheries and resolving disputes related to fishing rights.

Case Study: South China Sea Dispute

The South China Sea dispute exemplifies the complexities of EEZ claims. Several countries, including China, Vietnam, the Philippines, Malaysia, and Brunei, have overlapping claims over islands and EEZs in the region. China’s expansive “nine-dash line” claim overlaps with the EEZs of other states, leading to tensions and confrontations. The 2016 Permanent Court of Arbitration (PCA) ruling, which invalidated China’s historical claims, further complicated the situation. However, China has rejected the ruling, highlighting the challenges in enforcing international law in this region.

Example: The Arctic Council deals with the overlapping EEZ claims of Russia, Canada, Denmark, Norway, and the United States, promoting cooperation and sustainable development in the region.

Statistic: According to the UN Department of Economic and Social Affairs, the total area of EEZs globally is approximately 33.7% of the Earth’s surface.

Statistic: A 2022 report by the US Department of Defense estimates that over $3 trillion worth of trade passes annually through the South China Sea, underscoring the strategic importance of the region and the potential for conflict.

The Exclusive Economic Zone represents a crucial framework for managing maritime resources and ensuring freedom of navigation. While it grants coastal states significant rights, it also recognizes the legitimate interests of other states. The South China Sea dispute and other ongoing conflicts underscore the need for peaceful resolution mechanisms and adherence to international law. Strengthening international cooperation, promoting dialogue, and respecting UNCLOS provisions are essential for ensuring the sustainable and equitable use of the world’s oceans.