The Exclusive Economic Zone is in reality a sovereign right of a State? The dispute over the Southeastern Mediterranean natural gas fields

2020 ◽  
Vol 13 (3) ◽  
pp. 260-269
Author(s):  
Nikolaos Koulouris
Keyword(s):  
International Law ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Sovereign State ◽  
The Core ◽  
National Legal System ◽  
United Nations Convention ◽  
Economic Zone ◽  
The Law ◽  
Gas Fields

Abstract The notion of Exclusive Economic Zone (EEZ) is a relatively new one. Its gestation during the second half of the 20th century was slow and arduous. But, after its birth, it gained a very important and crucial place within the sector of International Law and especially the branch of the Law of the Sea. Furthermore, it implicates strong and unprecedented geopolitical issues, emerged between a lot of neighbouring states. Pursuant to the rule establishing its notion, the EEZ confers upon a State a sovereign right, subject to a number of restrictions, which do not, nevertheless, affect the core of its integrity. But, in real international life this integrity is seriously jeopardized. International Law, because of its particularity, cannot be equipped by and enjoy the means of forced execution, which are inherent to the national legal system of every sovereign State. The EEZ, as it is provided by the International Law and especially the United Nations Convention on the Law Of the Sea, is not in reality a sovereign right of a State. It depends on the consensus of the State with adjacent coast and overlapping EEZ, which is a ‘prerequisite’ legally not existing.

scholarly journals PENGUATAN HAK BERDAULAT (SOUVEREIGN RIGHT) PADA ZEE INDONESIA DALAM RANGKA PERLINDUNGAN SUMBER DAYA ALAM LAUT

2017 ◽  
Vol 24 (2) ◽  
pp. 172
Author(s):  
Indien Winarwati
Keyword(s):  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Marine Resources ◽  
Illegal Fishing ◽  
Important Region ◽  
United Nations Convention ◽  
Economic Zone ◽  
The Law ◽  
Sea Area ◽  
Exploration Exploitation

Sea is a important region for the integrity and unifying, a means of defense and security and foremost as a means of prosperity and welfare of a country due to the potential of the marine resources. Geographically, Indonesia can be termed as a maritime nation. Indonesia has the largest sea area in the world where two-thirds of its territory is waters. Indonesian Exclusive Economic Zone (EEZ) is a maritime area that has the greatest wealth potential. To Regulate, protect and enforce the law in the EEZ, the Indonesian government enacted Law No. 5 of 1983 on the Indonesian Exclusive Economic Zone. In that regulation, there is a provision on the sovereign rights as contained in the provisions of UNCLOS (United Nations Convention on the Law of the Sea). Such right is a privilege rights to carry out the exploration, exploitation and conservation of marine resources. To that end, these rights should be used optimally in order to utilize and protect marine resources from illegal fishing by foreign vessels that have been so frequent that it can be utilized for the welfare and prosperity of society.

Introductory Note

2019 ◽  
pp. 421-428
Author(s):  
Tullio Treves
Keyword(s):  
Continental Shelf ◽  
International Law ◽  
Cote D'ivoire ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
International Tribunal ◽  
Customary International Law ◽  
Introductory Note ◽  
Economic Zone ◽  
The Law

This Note focuses on the Judgment handed out by a special Chamber of the International Tribunal for the Law of the Sea (ITLOS) in a dispute concerning delimitation of maritime areas between Ghana and Cote d’Ivoire. This is the only decision of substance of ITLOS during 2017. Among the elements of particular interests of the Judgment the following should be noted. First, the consideration and rejection of the argument that oil concession practice may constitute a tacit agreement. Second, the reliance, however limited to this case, as regards delimitation of the territorial sea on the same methodology used for the delimitation of the exclusive economic zone and the continental shelf, namely, the equidistance/relevant circumstances methodology. Third, the distinction between the function of the Chamber in delimiting the continental shelf beyond 200 nm and that of the Commission on the Limits of the Continental Shelf in delineating the outer limits of the shelf. Fourth, the examination of the question of whether the Chamber had jurisdiction to decide on questions of responsibility, and of the applicability of customary international law thereto. Fifth, the statement that to adjudicate on the claim that Ghana had contravened the Chamber’s Order on provisional measures belonged to the Chamber’s “inherent competence”. Sixth, the analysis of the regime of contested areas in light of Article 83 of UNCLOS.

Foreign Military Activities in the Exclusive Economic Zone: Remarks on the Applicability and Scope of the Reciprocal ‘Due Regard’ Duties of Coastal and Third States

2019 ◽  
Vol 34 (1) ◽  
pp. 97-116
Author(s):  
Ioannis Prezas
Keyword(s):  
United Nations ◽  
The Other ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Other Hand ◽  
United Nations Convention ◽  
Economic Zone ◽  
The United Nations ◽  
The Law

Abstract This study examines the applicability and scope of the reciprocal ‘due regard’ duties imposed upon coastal and third states by the United Nations Convention on the Law of the Sea in the field of military activities in the exclusive economic zone (EEZ). The applicability of these duties depends on the existence of a right of third states to conduct military activities in the EEZ of another state. Still, this preliminary issue remains extremely controversial because the rules established by the Convention do not offer any clear guidance. On the other hand, if such a right is recognized in abstracto and thus the applicability of the ‘due regard’ duties is triggered, an enquiry into the potential procedural and substantive scope of these duties is necessary to understand how conflicts between this right and coastal states’ rights and jurisdiction should be resolved in concreto.

scholarly journals Mapping ocean-state Mauritius and its unlaid ghosts: Hydropolitics and literature in the Indian Ocean

2020 ◽  
Vol 32 (1-2) ◽  
pp. 117-131
Author(s):  
Kumari Issur
Keyword(s):  
Indian Ocean ◽  
United Nations ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
The Indian Ocean ◽  
United Nations Convention ◽  
Economic Zone ◽  
The United Nations ◽  
The Law ◽  
The Republic

In the wake of what has been termed “the scramble for the oceans,” the Republic of Mauritius lodged an application in 2012 with the United Nations Convention on the Law of the Sea (UNCLOS) to recognize its rights to an Exclusive Economic Zone that comprises a large expanse of the Indian Ocean, and subsequently redefined itself as an ocean-state. This new configuration raises as many issues as it answers. The Indian Ocean remains firmly central both to Mauritian history and to its imaginary. All at once, the endless fluidity of the ocean renders material traces and academic archeology harder, yet somehow it traps and sediments memory and meaning in some ways more profoundly than land. This article bores and drills into the historical, geopolitical, and ontological depths of ocean-state Mauritius with the figure of the ghost as motif, metaphor, and witness.

scholarly journals Penegakan Hukum Di Zona Ekonomi Eksklusif Indonesia (Zeei) Dalam Rangka Kepentingan Nasional Indonesia Di Bidang Kelautan

2022 ◽  
Vol 4 (2) ◽  
pp. 26
Author(s):  
Bambang S. Irianto
Keyword(s):  
United Nations ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Legal Principles ◽  
Fishing Vessels ◽  
United Nations Convention ◽  
Economic Zone ◽  
The United Nations ◽  
The Law ◽  
Legal Concepts

This research is classified as normative legal research. The approach used is the statute approach, legal principles, legal theories, legal concepts. The juridical approach in this research is a problem approach based on the applicable laws and regulations, while the normative approach is a problem approach that examines the law in law so that conclusions can be drawn that are logical, coherent and systematic. Case Approach with the case approach is done by examining cases related to the issue at hand, and has become a decision that has permanent legal force.The results of the study show that there is still inconsistency in law enforcement in the EEZ for fishery potential by the Indonesian Navy in the Exclusive Economic Zone (EEZ), Indonesia is based on the United Nations convention regarding the Law of the Sea in 1982 with Law Number 17 of 1985 concerning legalization. on the United Nations Convention on the Law of the Sea (UNCLOS) and Law Number 45 of 2009 concerning Fisheries. Illegal fishing still occurs in the Indonesian Exclusive Economic Zone by foreign vessels, which is caused by weak patrols in the ZEEI area and is supported by the opening of the ZEEI area, the patrol vessels are less modern to compete with foreign fishing vessels, and the fish resources that are in the ZEEI have not been exploited by Indonesian fishermen according to Law No. 45 of 2009 concerning Fisheries is carried out by legal proceedings and is tried in court, and is sentenced to a sentence which is usually a fine. In the event that a prison sentence is allowed.  

scholarly journals Artikel Penyelesaian Sengketa Laut Antara Indonesia dan Malaysia di Wilayah Selat Malaka Menurut Hukum Laut Internasional

Lentera Hukum ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 457
Author(s):  
Maulidya Yuseini ◽  
Dian Rachmawati ◽  
Fransiska Yuardini ◽  
Hafidh Lukmam Syaifuddin
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Border Dispute ◽  
Economic Zone ◽  
The Law ◽  
Malacca Strait

Abstract Dispute settlement between Indonesia and Malaysia in the Malacca Strait Region started with the unilateral claims of both countries. The prevailing these unilateral claims resulted in the area of Exclusive Economic Zone in the Malacca Strait to overlap. UNCLOS 1982 is the existing International Law of the Sea and both countries ratified to this Convention. The purpose of this article is to find out how to resolve sea border disputes between Indonesia and Malaysia in the Malacca Strait Region under the Law of the International Sea. This article is also aimed to provide a narrative to the factors underlying the existing maritime border dispute. Keywords: Disputes settlement, Malacca Strait, Overlapping

scholarly journals Still a Mile too Far? International Law Implications of the Location of an Airport in the Sea

2001 ◽  
Vol 14 (1) ◽  
pp. 233-245
Author(s):  
Pablo Mendes de Leon ◽  
Erik Jaap Molenaar
Keyword(s):  
International Law ◽  
Positive Answer ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Law And Policy ◽  
International Operations ◽  
Environmental Considerations ◽  
Economic Zone ◽  
The Law ◽  
Ec Law

This essay discusses international law aspects of an airport in the Exclusive Economic Zone (EEZ), concentrating on the law of the sea and air law. The law of the sea gives a more positive answer to the question regarding the feasibility of the operation of an airport in the EEZ than air law. At the same time, the evolution of regimes, including also EC law and policy, may facilitate acceptance of international operations at a national airport in the EEZ. Finally, the prevailing circumstances, such as economic, financial and environmental considerations, will be liable to affect the acceptability of an airport in the sea, more particularly in the EEZ.

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