EXCLUSIVE ECONOMIC ZONE

Section: Part V, Articles 55-75
Full text with footnotes

The Convention gives coastal states the right to establish by proclamation an exclusive economic zone beyond and adjacent to the territorial sea . This zone can extend to a maximum of 200 nautical miles, measured from the baseline used for determing the breadth of the territorial sea . If the sea is not open for this distance, agreements are to be made with opposite or adjacent coastal states, a matter which can be excepted from compulsory dispute settlement.  The coastal state is to publish charts showing the zone and deposit a copy with the UN Secretary-General. Within this zone of a maximum breadth of 188 nautical miles, the coastal state has sovereign rights for specific purposes,  but does not have sovereignty comparable with that which it enjoys in its territory or in the territorial sea; rather, it has - in the scope of the Convention provisions -sovereign rights related to resources and jurisdiction in respect to artificial installations, marine scientific research, and marine environment protection . In granting these rights, however, the Convention also charges the coastal states with certain responsibilities and duties. Many of the regulatory provisions governing this section are not to be found here at all; instead, they are in other sections of the Convention, most notably in Part XII, regulations for the prevention of pollution, and in Part XIII, which regulates scientific research. Rights with respect to the seabed and its subsoil  are to be exercised in accordance with the regulatory provisions of Part VI, Continental Shelf . Part V contains three groups of provisions: (a) general rights as mentioned and the corresponding duty to give due regard to the rights and duties of other states  (b) fisheries (see next chapter), and (c) a detailed provision concerning artificial islands (see below). The greatest impact comes from the sovereign rights of the coastal state to explore and exploit all living and non-living resources, from the subsoil to the wind .
However, the interests of other states are of no lesser significance, particularly with regard to navigation. Part V therefore includes provisions for the freedom of navigation and overflight, for the laying of submarine cables and pipelines, and other lawful uses of the sea related to these freedoms . These freedoms can basically be exercised as on the high seas  but always in a manner compatible with applicable provisions of the Convention  and states must respect the coastal state's rights and duties when acting in its exclusive economic zone . Consequently, the exclusive economic zone has to be treated as an ocean area which "shall be reserved for peaceful purposes .
The coastal state has the exclusive right to construct and to authorize and regulate the construction, operation, and use of artificial islands, installations, and structures , including jurisdiction in respect to customs, fiscal, health, safety, and immigration laws . Due care is to be given to navigation matters . 
Conflicts arising from the failure of the Convention to attribute rights or jurisdiction to a coastal state or to designate areas as being governed by the "freedom of the seas" are to be solved on the basis of equity and in the light of all the relevant circumstances , bearing in mind that matters not regulated by this Convention continue to be governed by rules and principles of general international law  But the common uses of the ocean (navigation, overflight, laying of cables) are always subject to compulsory dispute settlement .



RIGHTS AND DUTIES IN THE EXCLUSIVE ECONOMIC
Section: Part V, Articles 55-75


I. THE RIGHTS OF THE COASTAL STATE

Reprint from 1988 Edition
 
Activity
Regulations
 
Management
Of the natural resources (Article 56,
Subparagraph 1(a))

Significant Impact on Rights and Duties
Coastal state must act with due regard
for rights apd duties of other states
(Article 56,Paragraph 2)

Living
Resources
Fishing (Article 56, Subparagraph 1(a),
Articles 61-67) sedentary species
(Article 77,Paragraph 3)

Participation of land-locked and
geographically disadvantaged states
and others (Article 62,Paragraphs 2 & 3)

Non-living
resources
superjacent to
sea-bed
and subsoil

Production of energy from water,
current,wind, and other activities
(Article 56,Subparagraph 1(a))

None
Non-living
resources
of sea bed
and subsoil

Mining (Article 56, Subparagraph
1(a)), 56,Para 3
(Part VI, Articles 76-85)

None
Use of
artificial
islands

Article 56, Paragraph 2, Article 60
Due regard to shipping, including
safety zones (Article 60),
Paragraphs 3-5, 260-262)

Marine
scientific
research

Article 56, Paragraph 2
(Part XIII, Articles 240-262)

- International co-operation (Article 242)
- Peaceful purposes only (Article 246.
Paragraph 3)
- Non-interference with shipping (Article 260-262)
by artificial islands

- Release vessel upon security (Article 73)
- No imprisonment in fishing cases (Article
73, Paragraph 3)

Fishing, inspection, arrest,
proceedings (Article 73)

Law
Enforcement
Coastal state has to accept cables and pipelines (Article 79)
Sovereign rights in drilling (Article 81),
tunnelling (Article 85)

Other uses of
sed-bed

II. THE DUTIES OF THE COASTAL STATE
 
Conservation
 
Natural Resources
(Article 56, Subparagraph 1(a)),
in particularly fish (Article 61)

Contribution and exchange of data
(Article 61 Paragraph 5)

Utilisation
Of living resources (Article 62)
Coastal state must regulate
fishing by other states
(Article 62, Paragraph 4)

Marine Environment
protection

Article 56, Subparagraph 1
(a), Part XII,Articles 192-237

Coastal state is responsible
and liable (Article 235,
Vessels, Article 232, 304)

Resolution of
conflict

Article 59, Part XV, Settlement
of Disputes (297-298)

Limitation of applicability
(Article 297)
Release of fishing vessels
(Article 292)

Delimitation of zone
Articles 74, 75
Dispute procedure with
opposite/adjacent states if
not otherwise settled
(Article 74, Paragraph 2,
Art 298(l)(a)

Further Readings:        -Significant Rights of other States (Layout), Page 41



FISHERIES IN THE EXCLUSIVE ECONOMIC

I. Conservation and Utilization

 
 
Utilization (Article 62)
Conservation (Article 61)
includes
(1) Determination of allowable catch on the basis of
     - best scientific evidence available
     - duty to maintain and restore stocks
     - avoidance of serious threat to species
     - where appropriate, co-operation with
     international organizations
(2) Available scientific information is to be
     contributed and exchanged
     - through international organisations
     - to states concerned -
(3) For stocks/species not only in one economic
     zone, co-operative efforts required (Articles
     63, Paragraph 2; 64-67, 116, Subparagraph (b))
High Sea Fisheries (Article 116)
     - Fisheries on the high seas must observe
     rights, duties and interests of coastal states

Coastal state is to
(1) Promote, without prejudice to conservation,
     optimum utilization
(2) Determine the capacity of its fish industries
(3) Allow, [{"harvesting capacity approaches
     catch allowance, developing land-locked/
     geographically disadvantaged states to
     participate (Articles 62, Paragraph 3; 69,
     Paragraph 4; 70, Paragraph 4; 71)
(4) Allow, if there is surplus in allowable catch,
     traditional fisheries, land-locked and
     geographically disadvantaged states to
     participate (Articles 62, Paragraph 3, 69; 70, 72)
(5) Determine the conditions for fishing by other
      states (Article 62, Paragraph 4)
(6) Release arrested vessels upon payment of
     security; imprisonment and corporal
     punishment of crew not permitted (Article73)

II. Measures in Regard to Stocks and Species
COASTAL STATE FISHERIES

Section: Part V, Articles 55-75

Aside from possible exploration of oil fields, the most valuable resource for coastal states in their exclusive economic zone is the sovereign right of fishing . The fishing rights within the exclusive economic zone are almost exclusive and are nearly equivalent to total sovereignty. The general obligation to conserve and the right to utilize  the living resources as well as the obligation to invite countries which traditionally fish there  or are land-locked or geographically disadvantaged states  to participate in fishing only if there is a surplus of catch and agreements or arrangements have been reached  are not conditions under which fishing rights of other states can easily be exercised. In addition, the coastal state need not accept compulsory dispute settlement procedure in many substantive fishing matters and is subject to compulsory conciliation  in only three instances. Nonetheless, the coastal state has to exercise its rights in the light of the general provision of "good faith and non-abuse of rights" .
Conservation includes the determination by the coastal state of the allowable catch , which is to be based on the best scientific evidence available; where appropriate, the coastal state is to co-operate with the competent international organization to avoid over-exploitation . Measures must be designed to restore and maintain the population  and must take into account the effects of harvesting on associated or dependent species in order to prevent the endangering of such species . Where the same stocks or associated stocks occur in the exclusive economic zones of two or more states or in the high seas as well as the zones, the states concerned are to seek to co-operate to ensure that the species is conserved and developed .
For particular species, the coastal state must especially emphasize co-operation when exercising its rights . Primary responsibility for anadromous stocks and for catadromous species rests with the states where the stocks originate  or spend the greater part of their life cycle . In general, harvesting of these species is to take place only within the exclusive economic zone boundaries of the state of origin .
The coastal state is to aim for optimum utilization of the resources in its zone  and, in particular, to allow land-locked, geographically disadvantaged, and developing states  to participate in-the surplus its national capacity cannot harvest . The coastal state is to give land-locked states and geographically disadvantaged states preference . Even if the capacity of the coastal state approaches a point which would enable it to harvest the entire allowable catch, arrangements must be established permitting developing land-locked states and geographically disadvantaged states to participate in the harvest . These provisions do not apply only in the event that the coastal state depends overwhelmingly on the catch for its own economy . Participation by other states in the harvest of living resources, if not regulated by agreement , is to be regulated by laws and regulations of the coastal state , including enforcement procedure .
Vessels arrested for violation of coastal state fishing laws and regulations for the fulfilment of this state's obligations must be released upon payment of reasonable security . Imprisonment or corporal punishment of crew is not permitted .