Coastal State Jurisdiction over Living Resources in the Exclusive Economic Zone

2021 ◽  
Author(s):  
Camille Goodman
Keyword(s):  
United Nations ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Coastal State ◽  
Fishing Vessels ◽  
Key Concepts ◽  
United Nations Convention ◽  
Economic Zone ◽  
In Transit ◽  
The Way

Under the 1982 United Nations Convention on the Law of the Sea (LOSC), coastal States have sovereign rights to explore, exploit, conserve, and manage the living resources of the 200 nautical mile exclusive economic zone (EEZ). However, nearly forty years after the adoption of the LOSC , there is still a great deal of uncertainty about the nature and extent of these sovereign rights. This book examines the ways in which coastal States can exercise authority on the basis of their sovereign rights over living resources in the EEZ. It explores the key concepts of ‘fishing’ and ‘fishing related activities’ to establish what vessels and which activities can be regulated by coastal States, canvasses the criteria and conditions that coastal States can apply as part of regulating foreign access to their resources, and considers the regulation of unlicensed foreign fishing vessels in transit through the EEZ. It also examines the way in which such regulations can be enforced within the EEZ and the circumstances under which enforcement can take place beyond the EEZ following hot pursuit. Based on its review and analysis of the practice of 145 coastal States, the book identifies the contemporary ‘extent’ of coastal State jurisdiction over living resources in the EEZ and proposes a formulation of the underlying and enduring ‘nature’ of that jurisdiction which could be applied to resolve future jurisdictional challenges in the EEZ.

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.  

Not Quite a Sure Thing: The Maritime Areas of Rocks and Low-Tide Elevations Under the UN Law of the Sea Convention

2004 ◽  
Vol 19 (1) ◽  
pp. 43-69 ◽  
Author(s):  
Roberto Lavalle
Keyword(s):  
United Nations ◽  
Continental Shelf ◽  
Economic Life ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Coastal State ◽  
Human Habitation ◽  
United Nations Convention ◽  
Economic Zone ◽  
Do So

AbstractThis article deals with the entitlements to maritime areas of what the United Nations Convention on the Law of the Sea calls "rocks" and the features known as "low-tide elevations". The former are islands that "cannot sustain human habitation or economic life of their own". Low-tide elevations are features that would be islands were they not submerged at low tide. Islands other than rocks generate the five maritime areas for which the Convention provides, i.e. internal waters, territorial sea, contiguous zone, exclusive economic zone and continental shelf. The two features dealt with, which generate no maritime areas other than the first three, do so either on their own or as supports for straight baselines. The article studies these entitlements, together with the problems they raise, in either mode and in the contexts of both the normal coastal state and the archipelagic state.

Obligations of ‘Due Regard’ in the Exclusive Economic Zone: Their Context, Purpose and State Practice

2019 ◽  
Vol 34 (1) ◽  
pp. 43-55 ◽  
Author(s):  
Rolf Einar Fife
Keyword(s):  
United Nations ◽  
Natural Resources ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
International Peace ◽  
Dormant State ◽  
State Practice ◽  
Peace And Security ◽  
United Nations Convention ◽  
Economic Zone

Abstract The exclusive rights of the coastal state over the natural resources in the exclusive economic zone (EEZ) coexist with the high seas freedoms of communication of other states. This particular coexistence of state competences is a distinguishing feature of the 200-mile zones. Articles 56(2) and 58(3) United Nations Convention on the Law of the Sea (LOSC) require that coastal states have ‘due regard’ to the rights, freedoms and duties of other states in the zone, and vice versa. It is suggested that the two provisions are not ‘dormant’. State practice indicates the contrary, as well as future paths for clarification. The obligation to have ‘due regard’ constitutes a linchpin in the conceptual underpinnings of the EEZ, and requires an interpretation of the concrete provisions that are applicable, in keeping with the Convention’s nature as a strategic ‘package deal’ with a particular bearing on international peace and security.

scholarly journals THE LEGALITY OF STATE’S PEACETIME MILITARY ACTIVITIES

2017 ◽  
Vol 3 (2) ◽  
pp. 327-358
Author(s):  
Adrianus Adityo Vito Ramon
Keyword(s):  
United Nations ◽  
Negotiation Process ◽  
The State ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Incident Case ◽  
Coastal State ◽  
United Nations Convention ◽  
Definition Of ◽  
The Unclos

AbstractThe research argue that in the absence of an internationally negotiated provisions that explicitly regulate foreign peacetime military activities in the Exclusive Economic Zone (EEZ) of another States, States should consider the incident case per case as well as may employed the guideline prepared by highly reputed international legal scholars. This is essential to avoid unnecessary conflict between the Coastal State and the State conducting military activities in the EEZ. The aforementioned conclusion is reached by first analysing the definition of the peacetime military activities of the State. The research would also examine the negotiation process and its negotiated provisions of the United Nations Convention on the Law of the Sea (UNCLOS) 1982 resulted from the negotiation, regulating EEZ. Subsequently, the research would examining of the practice of the States interpreting the UNCLOS 1982’s EEZ provisions, including providing the options as an interim solutions for the void in the legal instruments in the matter.  

scholarly journals Lietuvos jūros erdvių delimitavimo teoriniai ir praktiniai aspektai

Teisė ◽  
2009 ◽  
Vol 70 ◽  
pp. 51-66
Author(s):  
Zenonas Kumetaitis ◽  
Indrė Isokaitė
Keyword(s):  
United Nations ◽  
Continental Shelf ◽  
Russian Federation ◽  
Theory And Practice ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
The Russian Federation ◽  
United Nations Convention ◽  
Economic Zone ◽  
The Republic

Straipsnyje nagrinėjama viena iš aktualiausių tarptautinės jūrų teisės temų – jūros erdvių delimitavimo klausimai. Lietuvos teritorinės jūros, kontinentinio šelfo ir išskirtinės ekonominės zonos delimitavimo as­pektai atskleidžiami delimitavimo teorijos ir praktikos kontekste. Delimitavimo klausimai nagrinėjami atliekant išsamią šiuolaikinės, taip pat prieškarinės jūros erdvių delimitavimo teorijos ir praktikos analizę, detaliai aptariant delimitavimą reglamentuojančias Jungtinių Tautų jūrų teisės konvencijos nuostatas, visapusiškai atskleidžiant esminių delimitavimo principų ir reikalavimų – teisingumo, „neužgožimo“ ir kt. – esmę, pateikiant nuoseklų derybų su Rusijos Federacija, Latvijos Respublika ir konsultacijų su Švedijos Karalyste dėl teritorinių vandenų, išskirtinės ekonominės zonos ir kontinentinio šelfo delimitavimo Baltijos jūroje aptarimą bei parodant priimtų sprendimų ryšį su tarptautine delimitavimo teorija ir praktika. The Article deals with one of the most important topics in International Sea Law, i.e. the issues of delimi­tation of maritime zones. The aspects of the delimitation of the territorial sea, continental shelf and the exclusive economic zone of Lithuania are revealed in the light of the relation between the delimitation theory and practice. The provided research on the delimitation issues is based on the detailed analysis of the modern delimitation theory and practice as well as of that effective in the pre-war period, on the comprehensive consideration of the provisions of the United Nations Convention on the Law of the Sea regulating delimitation, on the disclosure of the essence of the key delimitation principles and requi­rements such as equity, avoidance of a “cut-off” effect etc., on a consistent overview of the Lithuania’s negotiations with the Russian Federation and the Republic of Latvia as well as consultations with the Kingdom of Sweden regarding the delimitation of the territorial waters, exclusive economic zone and continental shelf, and also on the revealed relation between the reached delimitation decisions and in­ternational delimitation theory and practice.

Marine Scientific Research in Japan’s Practice

2021 ◽  
Vol 9 (2) ◽  
pp. 281-293
Author(s):  
Sookyeon Huh
Keyword(s):  
United Nations ◽  
Scientific Research ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Legal Instrument ◽  
Domestic Legislation ◽  
State Practice ◽  
United Nations Convention ◽  
Economic Zone ◽  
The United Nations

Abstract This article examines Japan’s state practices on marine scientific research (MSR). The survey of state practices requires the discernment of generalisability and particularity in each state practice. There are two points to note while considering the generalisabilities and particularities in Japan’s practices: first, Japan oversees MSR activities in its waters according to a non-legal instrument or a guideline, unlike neighbouring countries that use domestic legislation in MSR upon ratifying the United Nations Convention on the Law of the Sea; second, Japan faces quite a few MSR incidents in its undelimited exclusive economic zone. Thus, this article covers an outline of Japan’s guideline, its response to illegal or unregulated MSR activities in its waters, its relationships with neighbouring countries, and the failure of its attempt to legislate the MSR Law in 2007.

Jurisdiction over Unlicensed Foreign Fishing Vessels in Transit through the EEZ

2021 ◽  
pp. 176-217
Author(s):  
Camille Goodman
Keyword(s):  
State Regulation ◽  
Law Of The Sea ◽  
Coastal State ◽  
Fishing Vessels ◽  
Force Majeure ◽  
Balance Of Interests ◽  
United Nations Convention ◽  
The Law ◽  
In Transit ◽  
Freedom Of Navigation

This Chapter examines the permissible scope and extent of coastal State jurisdiction over unlicensed foreign fishing vessels in transit through the exclusive economic zone (EEZ) under the 1982 United Nations Convention on the Law of the Sea. While the primacy of the freedom of navigation has traditionally been the dominant narrative in the law of the sea, this Chapter argues that the coastal State’s sovereign rights over living resources are now accepted to provide a basis for regulations to be applied to all foreign fishing vessels navigating in the EEZ, even if they are only transiting through the zone without fishing. By examining the variety of regulations that are applied by States in practice, the Chapter establishes that, in relation to foreign fishing vessels and fishing support vessels, the contemporary freedom of navigation effectively equates to a right to undertake continuous and expeditious passage from one point beyond the EEZ to another point beyond the EEZ, except in circumstances involving force majeure or distress, or activities undertaken with the authorization of the coastal State. At the same time, the Chapter notes that the rights of coastal States involve correlative duties, and explores how the concepts of due regard, reasonableness, and the balance of interests apply to limit the extent of coastal State regulation in this area.

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