Exclusive economic zone

Article55

 Specific legal regime of the exclusive

economic zone
 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.
 Article56
 Rights, jurisdiction and duties of the coastal State in the exclusive economic zone
 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.
 Article57
 Breadth of the exclusive economic zone
 The exclusive economic zone shall not
extend beyond 200 nautical miles from
the baselines from which the breadth of
the territorial sea is measured.
 Article58
 Rights and duties of other States in the exclusive economic zone
 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.
THE CONCEPT OF EEZ
 The regime of the exclusive economic
zone is clearly a revolutionary legal
concept which evolved very quickly.
 In about a 30-year time span, an ocean
regime has emerged from many diverse
ideas and interests and has found
universal acceptance establishing the
unlikely proposition that the whole is
greater than the sum of its parts.
EEZ IS PART OF ‘PACKAGE DEAL’
 The concept of the exclusive economic zone
is one of the most important pillars of the
1982 Convention on the Law of the Sea.
 The regime of the exclusive economic zone
is perhaps the most complex and
multifaceted in the whole Convention.
 The accommodation of diverse issues
contributed substantially to the acceptance
of the concept and to the Convention as a
whole.
 The 1982 Convention on the Law of the Sea
is often referred to as a package.
 ‘PACKAGE’
 The metaphor is derived from a decision made during the
Third United Nations Conference on the Law of the Sea
that the Convention would be adopted in toto, as a
"package deal".
 No single issue would be adopted until all issues were
settled. This decision provided an essential mechanism for
reconciling the varied interests of the states participating in
the Conference.
 If a state's interests in one issue were not fully satisfied, it
could look at the whole package and find other issues
where its interests were more fully represented, thereby
mitigating the effects of the first.
 Thus, the Convention became an elaborately-constructed
document built on trade-offs, large and small.
 The larger package consists of:
 a twelve-nautical-mile territorial sea;
 an exclusive economic zone of up to 200 nautical miles in which
coastal states have preeminent economic rights and which obviates
the need for a territorial sea of 200 nautical miles claimed by some
states;
 extension of the continental shelf regime to the margin, with
revenue-sharing obligations beyond the exclusive economic zone;
 a regime for transit passage through straits used for international
navigation and for archipelagic sea-lanes passage;
 guaranteed access to and from the sea for land-locked states;
 a regime for the administration and development of the common
heritage resources of the international sea-bed area;
 protection and preservation of the marine environment;
 and adequate mechanisms for settlement of disputes concerning
the interpretation and application of the provisions of the
Convention.
 Within this larger package are many smaller packages
of which the exclusive economic zone is one of the
most interesting examples.
 The provisions contained in articles 55 and 75 reflect
an array of interests:
 the sovereign rights of coastal states to manage the
zone in good faith;
 the regard for the economic interests of third states;
 regulation of certain activities in the zone, such as
marine scientific research, protection and preservation
of the marine environment, and the establishment and
use of artificial islands, installations and structures;
 freedom of navigation and overflight;
 the freedom to lay submarine cables and pipelines;
military and strategic uses of the zone;
 and the issue of residual rights in the zone.
 The merging of ideas from diverse origins
is readily apparent in the Convention.
 The basic premise upon which the
Convention rests is that there is a balance
of rights and obligations.
 The history of the economic zone
concept and the fisheries regime illustrate
in particular this basic premise.
Origins
 The concept of the exclusive economic
zone is an essential element of the
"package" of compromises and trade-offs
that constitutes the 1982 Convention on
the Law of the Sea.
 It is a concept which has received rapid
and widespread acceptance in state
practice and is thus now considered by
some to be part of customary
international law.
 The practice of claiming an EEZ is one
example of how UNCLOS has given rise to
customary international law.

 The United States, for example, is not a party

to UNCLOS but claims an EEZ that extends
up to 200 nautical miles from its baseline.

 Canada has even adapted UNCLOS provisions

to meet its needs for an exclusive fishing
zone.
 The EEZ is an area beyond and adjacent to a
coastal State’s territorial sea to a limit of 200
nautical miles from the baseline.
 Within this zone, the coastal State may
exercise sovereign rights over exploration,
exploitation, conservation, and management of
natural resources and other economic
activities, such as the production of wind or
tidal power.
 All States, whether coastal or land-locked,
enjoy the right of navigation and over flight
and the laying of submarine cables and
pipelines within any EEZ.
 The coastal State alone, however, has the right to
construct and operate artificial islands and other
structural installations with accompanying
500 meter safety zones.
 Within the EEZ, the coastal State is primarily
responsible for the conservation of living
resources.
 The coastal State has the right to regulate both
marine scientific research and pollution in the
EEZ. It also has legislative and enforcement
competence within its EEZ to deal with the
dumping of waste from vessels and pollution
from seabed activities.
THE EXCLUSIVE ECONOMIC
ZONE REGIME, 1982
CONVENTION
 The regime gives to coastal states
sovereign rights over the natural
resources and control of resources-
related activities in the zone, while
preserving for the international
community the freedoms of navigation,
overflight and the laying of submarine
cables and pipelines.
 Coastal states have sovereign rights for the purpose of
exploring and exploiting, conserving and managing the living
resources of the exclusive economic zone (Article 56).
 The provisions relating to non-living resources are
subsumed in the continental shelf provisions, although
jurisdiction over the part of the continental shelf which lies
within the exclusive economic zone is not dependent on
geophysical considerations.
 With respect to living resources, the coastal state has
broad regulatory and management powers.
 The coastal state, however, must ensure that the resource
is not endangered by over-exploitation and it must do this
through proper conservation and management (Article 61).
 Such measures must be designed to ensure that the
populations of harvested species are maintained or
restored at levels which can produce the maximum
sustainable yield as qualified by relevant environmental and
economic factors (Article 61).
 Coastal states also have the obligation to
promote the objective of optimum utilization
of the living resources. The coastal state is
obliged to assess the allowable catch and to
determine its own capacity to harvest the
resources. If it does not have the capacity to
harvest the entire allowable catch, it must give
other states access to the surplus (Article 62).
 Land-locked and geographically disadvantaged
states have the right to participate, on an
equitable basis, in the exploitation of an
appropriate part of the surplus of the living
resources subject to arrangements with the
coastal state involved (Articles 69 and 70).
 There are special provisions for straddling stocks
(Article 63), anadromous species (Article 66),
catadromous species (Article 67), sedentary
species (Article 68) and marine mammals (Article
65). With respect to highly migratory species, the
coastal state and other states whose nationals
fish in the region shall cooperate directly or
through appropriate international organizations
with a view to ensuring conservation and
promoting the objective of optimum utilization of
such species, both within and beyond the
exclusive economic zone (Article 64).
 In exercising its sovereign rights, the coastal
state is empowered to take a wide range of
enforcement measures such as boarding,
inspection, arrest and judicial proceedings
(Article 73).
 dispute settlement
 Subject of dispute settlement is detailed in Article 297(3).
 With regard to fisheries disputes concerning the
interpretation or application of Convention provisions, they
are to be settled by a binding form of dispute settlement.
 However, coastal states are not obliged to submit disputes
relating to the exercise of sovereign rights with respect to
living resources in the exclusive economic zone to any
form of compulsory dispute settlement procedures.
 The issues under this exception include the coastal state's
discretionary powers for determining allowable catch, its
harvesting capacity, the allocation of surpluses to other
states and the terms and conditions established in its
conservation and management laws and regulations.
However, a coastal state would be obliged to submit to conciliation certain specific
disputes - those arising from an allegation that:

 (i) a coastal state has manifestly failed to comply with its

obligations to ensure through proper conservation and
management measures that the maintenance of the living
resources in the exclusive economic zone is not seriously
endangered;
 (ii) a coastal state has arbitrarily refused to determine, at the
request of another state, the allowable catch and its capacity
to harvest living resources with respect to stocks which that
other state is interested in fishing; or
 (iii) a coastal state has arbitrarily refused to allocate to any
state, under Articles 62, 69 and 70 and under the terms and
conditions established by the coastal state consistent with
the Convention, the whole or part of the surplus it has
declared to exist.
 The exercise of the coastal state's
discretionary power is protected by the fact
that the conciliation commission shall not
substitute its discretion for that of the coastal
state.
Summary
 1. The regime for the exclusive economic zone is sui
generis. Under it the coastal states and other states
have specific competences.
 The legal regime of the exclusive economic zone is
thus different from those of the territorial sea and
the high seas.
 It is a zone which incorporates certain characteristics
of both regimes but belongs to neither.
 The zone represents a politico-legal compromise and
its various elements constitute a complete unit
whose structural harmony and functional balance will
be destroyed if it were to be assimilated into any pre-
existing concept.·
 2. In the exclusive economic zone a coastal state has been
given sovereign rights for the purpose of exploring and
exploiting, conserving and managing the natural resources.
 In exercising its rights and performing its duties under the
Convention, the coastal state is obliged to have due regard
to the rights and duties of other states and to act in a
manner compatible with the Convention (Article 56).
 The coastal state has been given considerable discretion in
the management of the zone; however, the Convention also
imposes specific management responsibilities on the coastal
state, especially as concerns the living resources of the
zone.
 In the light of these management responsibilities, a coastal
state which has claimed an exclusive economic zone cannot
pursue a policy of inaction with respect to its living
resources.
 3. The Convention refers to specific matters
which a coastal state should take into account in
the management of the zone.
 It contains provisions requiring a state to enter
into agreements with other states, either
bilaterally, sub-regionally or regionally.
 These references in some cases serve to highlight
the interests of other states in the zone or to
create preferences in their favour and they were
essential elements in the compromises which
made the concept of the exclusive economic
zone generally acceptable.
 They now require to be implemented in good
faith by all concerned.
FISH STOCKS
 The establishment of the exclusive
economic zone (EEZ) regime in the early
1980s brought with it the shared fish
stock problem. Two broad, nonmutually
exclusive, categories of shared stocks
have been identified as transboundary
stocks (EEZ to EEZ) and straddling fish
stocks (both within the EEZ and the
adjacent high seas).
United Nations Conference on Straddling Fish Stocks and
Highly Migratory Fish Stocks 1993
 The Agreement was adopted on 4 August
1995 by the Conference.
 It was opened for signature on 4
December 1995.
 It remained open for signature until 4
December 1996 and was signed by 59
States and entities.
 The United Nations Agreement for
the Implementation of the
Provisions of the United Nations
Convention on the Law of the Sea of
10 December 1982 relating to the
Conservation and Management of
Straddling Fish Stocks and Highly
Migratory Fish stocks
 Agreement relates to the Conservation and
Management of Straddling Fish Stocks and Highly
Migratory Fish Stocks sets out principles for the
conservation and management of those fish
stocks and establishes that such management
must be based on the precautionary approach
and the best available scientific information.
 The Agreement elaborates on the fundamental
principle, established in the Convention, that
States should cooperate to ensure conservation
and promote the objective of the optimum
utilization of fisheries resources both within and
beyond the exclusive economic zone.
 The Agreement attempts to achieve this objective by providing a
framework for cooperation in the conservation and management
of those resources.
 It promotes good order in the oceans through the effective
management and conservation of high seas resources by
establishing, among other things,
 detailed minimum international standards for the conservation and
management of straddling fish stocks and highly migratory fish
stocks;
 ensuring that measures taken for the conservation and
management of those stocks in areas under national jurisdiction
and in the adjacent high seas are compatible and coherent;
 ensuring that there are effective mechanisms for compliance and
enforcement of those measures on the high seas;
 and recognizing the special requirements of developing States in
relation to conservation and management as well as the
development and participation in fisheries for the two types of
stocks mentioned above.
Article60
Artificial islands, installations and structures
in the exclusive economic zone

 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.
 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.
Article61
Conservation of the living resources

 1. The coastal State shall determine the allowable catch of the living
resources in its exclusive economic zone.
 2. The coastal State, taking into account the best scientific evidence
available to it, shall ensure through proper conservation and
management measures that the maintenance of the living resources
in the exclusive economic zone is not endangered by over-
exploitation. As appropriate, the coastal State and competent
international organizations, whether sub-regional, regional or global,
shall cooperate to this end.
 3. Such measures shall also be designed to maintain or restore
populations of harvested species at levels which can produce the
maximum sustainable yield, as qualified by relevant environmental
and economic factors, including the economic needs of coastal
fishing communities and the special requirements of developing
States, and taking into account fishing patterns, the
interdependence of stocks and any generally recommended
international minimum standards, whether subregional, regional or
global.
 4. In taking such measures the coastal State shall take
into consideration the effects on species associated
with or dependent upon harvested species with a view
to maintaining or restoring populations of such
associated or dependent species above levels at which
their reproduction may become seriously threatened.
 5. Available scientific information, catch and fishing
effort statistics, and other data relevant to the
conservation of fish stocks shall be contributed and
exchanged on a regular basis through competent
international organizations, whether subregional,
regional or global, where appropriate and with
participation by all States concerned, including States
whose nationals are allowed to fish in the exclusive
economic zone.
Article62
Utilization of the living resources

 1. The coastal State shall promote the

objective of optimum utilization of the
living resources in the exclusive economic
zone without prejudice to article 61.
 2. The coastal State shall determine its capacity
to harvest the living resources of the exclusive
economic zone. Where the coastal State does
not have the capacity to harvest the entire
allowable catch, it shall, through agreements or
other arrangements and pursuant to the
terms, conditions, laws and regulations
referred to in paragraph 4, give other States
access to the surplus of the allowable catch,
having particular regard to the provisions of
articles 69 and 70, especially in relation to the
developing States mentioned therein.
 3. In giving access to other States to its exclusive
economic zone under this article, the coastal
State shall take into account all relevant factors,
including, inter alia, the significance of the living
resources of the area to the economy of the
coastal State concerned and its other national
interests, the provisions of articles 69 and 70, the
requirements of developing States in the sub
region or region in harvesting part of the surplus
and the need to minimize economic dislocation
in States whose nationals have habitually fished in
the zone or which have made substantial efforts
in research and identification of stocks.
 4. Nationals of other States fishing in the
exclusive economic zone shall comply with
the conservation measures and with the other
terms and conditions established in the laws
and regulations of the coastal State.
Article63
Stocks occurring within the exclusive economic zones of
two or more coastal States or both within the exclusive economic zone
and in an area beyond and adjacent to it
 1. Where the same stock or stocks of associated species
occur within the exclusive economic zones of two or more
coastal States, these States shall seek, either directly or
through appropriate subregional or regional organizations, to
agree upon the measures necessary to coordinate and
ensure the conservation and development of such stocks
without prejudice to the other provisions of this Part.
 2. Where the same stock or stocks of associated species
occur both within the exclusive economic zone and in an
area beyond and adjacent to the zone, the coastal State and
the States fishing for such stocks in the adjacent area shall
seek, either directly or through appropriate subregional or
regional organizations, to agree upon the measures necessary
for the conservation of these stocks in the adjacent area.
Article64
Highly migratory species

 1. The coastal State and other States whose nationals

fish in the region for the highly migratory species
listed in Annex I shall cooperate directly or through
appropriate international organizations with a view to
ensuring conservation and promoting the objective of
optimum utilization of such species throughout the
region, both within and beyond the exclusive
economic zone. In regions for which no appropriate
international organization exists, the coastal State and
other States whose nationals harvest these species in
the region shall cooperate to establish such an
organization and participate in its work.
 2. The provisions of paragraph 1 apply in addition to
the other provisions of this Part.
Article65
Marine mammals

 Nothing in this Part restricts the right of a

coastal State or the competence of an
international organization, as appropriate, to
prohibit, limit or regulate the exploitation of
marine mammals more strictly than provided
for in this Part. States shall cooperate with a
view to the conservation of marine
mammals and in the case of cetaceans shall
in particular work through the appropriate
international organizations for their
conservation, management and study.
Article66
Anadromous stocks

 1. States in whose rivers anadromous stocks originate

shall have the primary interest in and responsibility
for such stocks.

 2. The State of origin of anadromous stocks shall

ensure their conservation by the establishment of
appropriate regulatory measures for fishing in all
waters landward of the outer limits of its exclusive
economic zone and for fishing provided for in
paragraph 3(b). The State of origin may, after
consultations with the other States referred to in
paragraphs 3 and 4 fishing these stocks, establish total
allowable catches for stocks originating in its rivers.
Article67
Catadromous species

 1. A coastal State in whose waters catadromous

species spend the greater part of their life cycle
shall have responsibility for the management of
these species and shall ensure the ingress and
egress of migrating fish.
 2. Harvesting of catadromous species shall be
conducted only in waters landward of the outer
limits of exclusive economic zones. When
conducted in exclusive economic zones,
harvesting shall be subject to this article and the
other provisions of this Convention concerning
fishing in these zones.
Article69
Right of land-locked States

 1. Land-locked States shall have the right to

participate, on an equitable basis, in the
exploitation of an appropriate part of the
surplus of the living resources of the
exclusive economic zones of coastal States
of the same subregion or region, taking into
account the relevant economic and
geographical circumstances of all the States
concerned and in conformity with the
provisions of this article and of articles 61
and 62.
Article70
Right of geographically disadvantaged States

 1. Geographically disadvantaged States shall

have the right to participate, on an equitable
basis, in the exploitation of an appropriate
part of the surplus of the living resources of
the exclusive economic zones of coastal
States of the same subregion or region,
taking into account the relevant economic
and geographical circumstances of all the
States concerned and in conformity with the
provisions of this article and of articles
61 and 62.
Article72
Restrictions on transfer of rights

 1. Rights provided under articles 69 and 70 to

exploit living resources shall not be directly or
indirectly transferred to third States or their
nationals by lease or licence, by establishing joint
ventures or in any other manner which has the
effect of such transfer unless otherwise agreed by
the States concerned.
 2. The foregoing provision does not preclude the
States concerned from obtaining technical or
financial assistance from third States or
international organizations in order to facilitate
the exercise of the rights pursuant to articles 69
and 70, provided that it does not have the effect
referred to in paragraph 1.
Article73
Enforcement of laws and regulations of the coastal State

 1. The coastal State may, in the exercise of

its sovereign rights to explore, exploit,
conserve and manage the living resources
in the exclusive economic zone, take such
measures, including boarding, inspection,
arrest and judicial proceedings, as may be
necessary to ensure compliance with the
laws and regulations adopted by it in
conformity with this Convention.
Article74
Delimitation of the exclusive economic zone
between States with opposite or adjacent coasts

 1. The delimitation of the exclusive economic

zone between States with opposite or
adjacent coasts shall be effected by
agreement on the basis of international law,
as referred to in Article 38 of the Statute of
the International Court of Justice, in order
to achieve an equitable solution.
 2. If no agreement can be reached within a
reasonable period of time, the States
concerned shall resort to the procedures
provided for in Part XV.
Article75
Charts and lists of geographical coordinates

 1. Subject to this Part, the outer limit lines of the

exclusive economic zone and the lines of
delimitation drawn in accordance with article 74
shall be shown on charts of a scale or scales
adequate for ascertaining their position. Where
appropriate, lists of geographical coordinates of
points, specifying the geodetic datum, may be
substituted for such outer limit lines or lines of
delimitation.
 2. The coastal State shall give due publicity to such
charts or lists of geographical coordinates and
shall deposit a copy of each such chart or list
with the Secretary-General of the United
Nations.
TRANS BOUNDARY RESOURCES
IN EEZ
 Under the 1982 United Nations (UN) Convention,
coastal states sharing a transboundary resource are
admonished to enter into negotiations with respect
to cooperative management of the resources (UN,
1982, Article 63(1)).
 Importantly, however, they are not required to reach
an agreement.
 If the relevant coastal states negotiate in good faith,
but are unable to reach an agreement, then each
coastal state is to manage its share of the resource
(i.e., that part occurring within its EEZ), in accordance
with the relevant rights and duties laid down by the
1982 UN Convention.
EEZ OF INDIA

 India pursuant to UNCLOS iii obtained a

wide exclusive economic zone (EEZ) of
about 2.172-million km2 in the sea all
along the 7500 km long coastline around
her.
Responsibilities of having an
extensive EEZ
 The living and nonliving resources in this zone, which
measures about two-third of the landmass of the
country, are exclusive to India, so also the trading and
transport facilities navigated through this area.
 Moreover several million people living along the
coastline are directly influenced by oceanography of
the EEZ, various environmental hazards and related
social issues.
 Hence from geo-scientific angle, the first thing needed
for India is to comprehensively map the entire EEZ,
and to start with, detailed swath bathymetry map
with near-complete coverage needs to be prepared.
 Second round of activities should focus on to
understand the natural processes that have been
active in EEZ through systematic scientific
research.
 Demarcation and sustainable exploitation of non-
living resources of this zone could form the third
set of activities.
 Encouraged by the bountiful resources that EEZ
can generate, several coastal countries have
initiated major dedicated exploration program to
know their own backyard.
 Besides oceanographic research and harvesting of
resources, such efforts would help defense,
communication and navigation.