Model Answer
0 min readIntroduction
The United Nations Convention on the Law of the Sea (UNCLOS), 1982, governs the rights and responsibilities of nations concerning the use of the world's oceans. The concepts of 'Continental Shelf' and 'Exclusive Economic Zone' (EEZ) are central to this framework, often leading to disputes and complexities in maritime boundaries. While both relate to coastal states’ rights over the sea, they differ significantly in their legal basis, extent, and the rights they confer. Recent incidents like the dispute between India and Pakistan over maritime boundaries highlight the practical importance of understanding these distinctions.
Defining Continental Shelf and Exclusive Economic Zone
The question asks us to distinguish between the Continental Shelf and the Exclusive Economic Zone (EEZ). Understanding their definitions is the first step to appreciating the differences.
Continental Shelf
The Continental Shelf, as defined by UNCLOS, is the seabed and subsoil of the natural prolongation of a state's land territory to the outer edge of the continental margin. It doesn't extend beyond 200 nautical miles from the baseline, but can extend further if the continental margin extends beyond this limit, up to a maximum of 350 nautical miles from the baseline, subject to certain conditions. The key aspect is that the Continental Shelf is a geological feature, and the rights associated with it primarily pertain to resource exploitation.
Exclusive Economic Zone (EEZ)
The Exclusive Economic Zone is an area beyond and adjacent to a state’s territorial sea (up to 12 nautical miles), extending to a maximum of 200 nautical miles from the baseline. Unlike the Continental Shelf, the EEZ is a legal concept. It grants the coastal state sovereign rights for the purpose of exploring and exploiting, conserving and managing living and non-living resources, including economic activities like fishing and aquaculture, as well as jurisdiction over marine scientific research and the protection of the marine environment.
Key Distinctions: A Comparative Table
| Feature | Continental Shelf | Exclusive Economic Zone (EEZ) |
|---|---|---|
| Legal Basis | Geological feature; natural prolongation of land territory. | Legal concept under UNCLOS; extension of territorial sea. |
| Extent | Up to 200 nautical miles (or up to 350 nm if the continental margin extends beyond 200 nm). | Up to 200 nautical miles from the baseline. |
| Rights of Coastal State | Sovereign rights for exploration and exploitation of mineral resources (living and non-living). No right to fish. | Sovereign rights for exploration and exploitation of living and non-living resources, including fishing. Jurisdiction over marine scientific research and environmental protection. |
| Obligations of Other States | Freedom of navigation and overflight. | Freedom of navigation and overflight; right to lay submarine cables and pipelines. |
| Duration of Rights | Rights are perpetual. | Rights are for a defined period (typically linked to the state's existence). |
Examples
Example 1: India and Pakistan Maritime Boundary Dispute
The India-Pakistan maritime boundary dispute is a prime example highlighting the complexities. Pakistan claims that the International Maritime Boundary Line (IMBL) should be based on the land boundary, extending into the Arabian Sea. India contends that the IMBL should be based on the principle of equidistance, taking into account the geology of the seabed, which would give India a larger share of the Continental Shelf resources. This dispute involves both EEZ and Continental Shelf rights.
Example 2: Antarctica and the Continental Shelf
The claim that Antarctica might have a continental shelf extending beyond its ice cover is a complex issue. If proven, it could grant claimant states (Argentina, Australia, Chile, France, New Zealand, Norway, and the United Kingdom) rights to exploit mineral resources on the seabed, despite the Antarctic Treaty System’s moratorium on mining.
India's Position and Legal Framework
India is a signatory to UNCLOS and has ratified it. India's maritime zones are defined according to UNCLOS provisions. India has been actively asserting its rights over its Continental Shelf, particularly in the Bay of Bengal and the Arabian Sea. The ‘The Continental Shelf (Jurisdiction and Demarcation) Act, 1976’ provides the legal framework for India's claims regarding its Continental Shelf. India's National Hydrocarbon Exploration Licensing Policy (HELP) also facilitates exploration and production in its offshore areas.
Frequently Asked Questions
FAQ 1: Can a state claim rights over both the Continental Shelf and the EEZ?
Yes, a state can claim rights over both. The Continental Shelf lies beneath the EEZ. The EEZ encompasses a broader range of rights than the Continental Shelf.
FAQ 2: What happens if a state’s Continental Shelf extends beyond 200 nautical miles?
If the continental margin extends beyond 200 nautical miles, the state can claim rights over the area up to a maximum of 350 nautical miles, subject to certain conditions as defined in UNCLOS. This requires submission of data to the Commission on the Limits of the Continental Shelf (CLCS).
Conclusion
In conclusion, while both the Continental Shelf and the Exclusive Economic Zone are crucial components of a coastal state's maritime rights under UNCLOS, they differ significantly in their legal basis, extent, and the rights they confer. The Continental Shelf is defined by geological features, granting resource exploitation rights, while the EEZ is a legal zone providing broader sovereign rights including fishing and marine scientific research. Understanding these distinctions is essential for resolving maritime boundary disputes and ensuring sustainable utilization of ocean resources, particularly as nations increasingly seek to exploit the vast potential of the 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.