The UN Convention in Article 55 defines the modern phenomenon in international law of the sea, which came into force under the name "exclusive economic zone."
Explanation of the term
The concept of an exclusive economic zone is considered a novelty in international law. The term and its explanation were formulated at the third UN conference on the law of the sea in 1982. The provisions of the Convention marked the beginning of the formation of a whole package of documents at the international level.
An exclusive economic zone is a stretch of water adjacent to the territorial sea, to which a special legal regime applies. The range of jurisdiction includes the bottom, its bowels and water. The newly introduced concept has become a compromise between different opinions about the division of space.
Zone width
The convention defined the boundaries of the site. It is accepted that the width of the exclusive economic zone cannot be more than two hundred nautical miles. This is about three hundred and seventy kilometers. The reference is from the baseline, which are the beginning to determine the width of its territorial sea.
The decision of the UN Convention is being implemented. Today, more than one hundred states of the world have determined the boundaries of the exclusive economic zone of two hundred miles.
Legal order in the territory
The coastal state is competent to implement the legal regime of the exclusive economic zone.
- Carry out activities aimed at preserving and protecting the marine environment.
- Carry out scientific research of the deep sea.
- To create structures and installations, to establish artificial islands, to use their designs.
At the same time, the criminal competence of the coastal state is limited. It has the right to carry out inspections, searches, and, if necessary, a trial or arrest. In case of detention of a foreign vessel, the relevant state is informed of the measures taken through special communication channels. The punishment cannot be imprisonment of the crew or other form of punishment of its members. After making the agreed amount of bail or other material support, the arrested vessel with the crew is immediately released. Other developments should be approved in an agreement between states.
Powers of the coastal state
International law secured the sovereign rights of the state in this economic part of the sea. These include:
- research, exploitation and conservation of inanimate and living stocks of the sea;
- stock management;
- use of the zone for economic purposes (in particular, obtaining energy through the use of currents, wind or water);
- establishing rules for obtaining licenses, place and time of fishing, tax collection;
- exercise jurisdiction on artificial islands, structures and installations.
Requirements for other states
The exclusive economic zone is in use by other states. They can benefit from international law. All countries freely carry out air travel in airspace over the sea. There are no restrictions on freedom of navigation. States are laying pipelines or submarine cables.
All countries must adhere to legal norms established by the coastal state. They are obliged to obey his laws, comply with the rules, reckon with his rights and obligations.
History of the term
The definition of the territory falling under the power of the coastal state, began to be engaged in the eighteenth century. Initially, the sea border was drawn along the horizon line visible from the shore. Later, they began to practice the method with the help of long-range coastal weapons. All points of the district could reach its core. Progress in armament increased the range of fire, which led to the expansion of the coastal area. On average, the distance of the core’s flight was three miles (one mile is one thousand eight hundred fifty-two meters). Accordingly, the subservient water area was five and a half kilometers.
At the end of the nineteenth century, the range of artillery increased to twenty kilometers. England declared a customs zone twelve miles of adjacent sea space. The USA, France and Russia followed her lead. Prior to the adoption in 1982 of the UN Convention, countries established control over the waters according to their own rules. For example, Madagascar, Cameroon considered their waters a fifty-mile stretch, and Peru, Chile, Nicaragua and Ecuador two hundred miles. Only in December 1982, the city of Montego Bay (state of Jamaica) adopted the designation "exclusive economic zone." The Convention on the Law of the Sea came into force in 1994. In Russia, the decision gained legal force in 1997.
Additional innovations in the law of the sea
In addition to the concept of "exclusive economic zone", additional terms have been developed and approved in the law of the sea. They supplement the key name, but differ in the legal regime. These include phrases: inland and sea waters, the international region of the seabed and international straits, the continental shelf and the open sea, the adjacent zone and the territorial sea.
Inland waters continue the territory of a particular state. This includes water bodies surrounded on all sides by the shores of this state, sea bays and bays, port water areas. Historic waters are part of inland waters. Historical tradition, for example, considers Peter the Great Bay as the inland waters of Russia, and the Hudson Bay as the territory of Canada.
The territorial sea is located along the coast of the state and is subordinate to its power. The area is twelve miles wide. It refers to the territory of the state. Foreign military courts are given the opportunity of peaceful passage through the designated area.
The adjacent open sea area adjoins the territorial sea and has a width of not more than two hundred miles. The coastal state independently makes decisions on the development and exploitation of natural reserves. It may prohibit or allow the creation of artificial islands and facilities. Direct forces to define the security zone around them. Only with the permission of the government are marine studies conducted. All other states are given freedom of navigation by sea and flights in the airspace above it. When laying pipelines or submarine cables, other countries must take into account the sovereign freedoms of the coastal state. Landlocked countries participate in using the resources of the economic zone after agreeing on conditions with the coastal state.
Continental shelf
The exclusive economic zone regime applies to the seabed and its subsoil. Article 76 defines the concept. The continental shelf is a part of the mainland, flooded by the sea. It consists of the seabed and subsoil. Its width is equal to the underwater margins of the mainland or two hundred miles from the baseline. The coastal state extends sovereign rights over the shelf. But they do not affect the status of the airspace above it and the waters covering it.
A coastal state can develop its natural resources.The seabed and bowels of the shelf are rich in mineral and other inanimate reserves. Organisms sitting motionless for the period of commercial development, living species moving only along the bottom also make up the region’s natural reserves.
In the case when several states claim for the continental shelf, whose coasts are located opposite each other, the signing of an agreement between the countries is required. In the absence of such an agreement, the division of the seabed is carried out according to the rule of equal distance from the source lines.
Beyond the line of the continental shelf is the territory that has received the status of the international seabed. No state can encroach on its sovereignty, the resources of space are owned by all mankind.
Open sea
The entire territory of the sea beyond the territorial restrictions of coastal states is called the open sea. It is intended for all states, it does not matter whether it has access to the sea or not. No country is allowed to subjugate any section of the body of water. It is open for peaceful purposes.
Article 87 of the UN Convention defines the freedoms of the high seas: the right to unhindered flights, shipping, fishing, scientific research, the right to build islands and structures, and to lay pipelines and cables. The only limitation is the ability of other states to use the freedoms granted.
Any country can send a ship to the open sea under its own flag. It is subject to the jurisdiction of this state, is under its protection. The master of the vessel is obliged to come to the rescue of any person in trouble found at sea. When you receive a message about the need for assistance, go to the maximum possible speed for support. In a collision with another vessel, help the crew and passengers. Fulfillment of duties by the captain is possible only if the ship itself, its crew and passengers are not in serious danger.
An important role in navigation is played by straits. There are four types of them:
- between the open sea and the economic zone;
- between the territorial sea of the state and the open sea;
- between the continental zone of the coastal state and the island;
- with a special legal regime (Black Sea, Baltic Strait).
The status of the exclusive economic zone in Russia
After ratification of the UN Convention by the Russian Federation in 1997, the Law on the Status of Coastal Waters was developed in the country. In 1998, the concept of "exclusive economic zone" in international law was used in Federal Law No. 191. The legal act reproduces the main provisions of the UN Convention. Law No. 191-FZ “On the Exclusive Economic Zone of the Russian Federation” described the competence of the federal authorities in the region. A separate chapter is devoted to the rational use of natural resources, the preservation of living organisms, the study and exploitation of inanimate reserves. A special section is also devoted to scientific research and the protection of the marine environment.
The law defines the procedure for the implementation of its provisions. The duty to protect the zone is assigned to the border services, customs and environmental authorities at the federal level. Officials of these services can stop and search ships, both Russian and foreign. They have the right to inspect the constructed islands, constructed installations in the zone.
Arising disputes between Russia and other states are resolved using the provisions of international law.
