The Exclusive Economic Zone and the Legal Regime Governing It

The Exclusive Economic Zone and the Legal Regime Governing It

The third maritime zone of a coastal State is known as the Exclusive Economic Zone. Prior to the 1982 United Nations Convention on the Law of the Sea, the concept of the Exclusive Economic Zone did not formally exist. Instead, State practice primarily referred to the concept of an exclusive fishing zone, which was not expressly included in the 1958 Geneva Convention on the Territorial Sea and the Contiguous Zone.

Over time, the concept of an exclusive fishing zone evolved and expanded, ultimately giving rise to the Exclusive Economic Zone.

Compared to the exclusive fishing zone, broader rights and jurisdictions are granted to coastal States within the Exclusive Economic Zone. In return, coastal States assume certain obligations, particularly with respect to the rights of navigation and overflight enjoyed by other States.

Pursuant to Article 55 of the 1982 United Nations Convention on the Law of the Sea, the Exclusive Economic Zone is defined as an area beyond and adjacent to the territorial sea. Based on this definition, the Exclusive Economic Zone begins immediately after the territorial sea. It should be noted that the contiguous zone, as the second maritime zone of a coastal State, also begins beyond the territorial sea and partially overlaps with the Exclusive Economic Zone. Nevertheless, each of these zones has been established for distinct purposes, and their respective legal regimes may operate simultaneously without interfering with one another.

Rights and Powers of the Coastal State in the EEZ

The Legal Nature of the Exclusive Economic Zone

Regarding the legal nature of the Exclusive Economic Zone, some scholars view it as akin to the territorial sea, while others liken it to the high seas. Although the Exclusive Economic Zone shares certain characteristics with both the territorial sea and the high seas, it has an independent legal regime distinct from that governing the territorial sea and the high seas.

This principle is clearly reflected in Article 55 of the 1982 Convention, which provides that the coastal State does not enjoy sovereignty over the Exclusive Economic Zone. Instead, the coastal State exercises specific rights and jurisdictions within this zone. The recognition of other States’ rights and freedoms within the Exclusive Economic Zone precludes the coastal State from exercising full sovereignty, despite the acknowledgment of exclusive economic rights and jurisdictional powers.

The Extent of the Exclusive Economic Zone

The maximum breadth of the Exclusive Economic Zone is two hundred nautical miles measured from the baseline. In practice, the zone begins beyond the territorial sea.

If the maximum breadth of the territorial sea is considered to be twelve nautical miles, the effective breadth of the Exclusive Economic Zone may extend up to one hundred and eighty-eight nautical miles from the outer limit of the territorial sea.

As previously emphasized, the contiguous zone constitutes the initial portion of the Exclusive Economic Zone. In this overlapping area, the coastal State enjoys rights arising from both regimes. Beyond the contiguous zone, only the sovereign rights and jurisdictions related to the Exclusive Economic Zone apply, accompanied by corresponding obligations. Accordingly, if the contiguous zone also extends to twelve nautical miles, the legal regime of the Exclusive Economic Zone is fully applicable only within the remaining one hundred and seventy-six nautical miles.

Sovereign Rights of the Coastal State in the Exclusive Economic Zone

As noted above, the coastal State does not possess sovereignty in the Exclusive Economic Zone. Instead, it is granted specific sovereign rights and jurisdictions. The term used to describe the coastal State’s legal authority in this zone is “sovereign rights.”

Sovereign rights are exclusive rights granted to the coastal State for the purpose of exploiting living and non-living resources within the Exclusive Economic Zone.

Pursuant to Article 56, paragraph 1 of the 1982 Convention, the coastal State enjoys sovereign rights in the Exclusive Economic Zone for the following purposes:

• Exploration, exploitation, conservation, and management of natural resources, whether living or non-living, of the waters superjacent to the seabed and of the seabed and its subsoil.
• Sovereign rights with respect to other activities for the economic exploitation and exploration of the zone, such as the production of energy from water, ocean currents, and wind.

Jurisdiction of the Coastal State in the Exclusive Economic Zone

In addition to sovereign rights, the coastal State exercises jurisdiction in the Exclusive Economic Zone in relation to the following matters:

• The establishment and use of artificial islands, installations, and structures.
• The conduct of marine scientific research.
• The protection and preservation of the marine environment.

Frequently Asked Questions About the Exclusive Economic Zone and Its Legal Regime