The Exclusive Economic Zone: A Latin American Perspective by Francisco Orrego Vicuña

Author:Francisco Orrego Vicuña [Vicuña, Francisco Orrego]
Language: eng
Format: epub
Tags: Political Science, General
ISBN: 9780865316560
Google: wB-eDwAAQBAJ
Goodreads: 2053002
Publisher: Westview Press
Published: 1984-01-08T00:00:00+00:00

The Concept of an Exclusive Economic Zone in the Convention, the Practice of States, and the Formation of a Customary Rule

Articles 55, 56, and 58 of the convention constitute the backbone of the concept of an Exclusive Economic Zone, being essentially complemented by Article 86, which defines the application of the legal regime of the high seas, and by Article 59, which, in a somewhat confused and technically defective fashion, attempts to settle the question of residual rights.30 Article 57, for its part, establishes the width of the zone, which shall not extend beyond 200 nautical miles from the baselines used in measuring the breadth of the territorial sea.

In brief, according to these articles, the Exclusive Economic Zone is an area beyond and adjacent to the territorial sea, constituted by a part of the sea not included in the high seas and subject to a specific legal regime governing (1) sovereign rights for economic purposes; (2) jurisdiction, under the relevant provisions of the convention, with regard to given activities (establishment and use of artificial Islands, installations, and structures; scientific research; and protection and preservation of the marine environment); (3) other rights and duties contemplated in the convention as appertaining to the coastal state; and (4) the freedoms of navigation, overflight, and laying of submarine cables and pipelines, together with other internationally lawful uses of the sea related to these freedoms, which all states enjoy under the relevant provisions of the convention.

The rights and jurisdiction of the coastal state described above carry with them given obligations in connection with the conservation and utilization of living resources, the promotion of scientific research, the protection and preservation of the marine environment, and so forth, which need not to be referred to here. Other states, in the exercise of their rights and fulfillment of their duties in the Exclusive Economic Zone, are to comply with the laws and regulations adopted by the coastal state in accordance with the provisions of the convention and with other rules of international law in so far as they are not incompatible with the legal regime established for the zone.

It is of interest, therefore, to note that the negotiations of the conference were the means of gradually defining all the characteristics of the Exclusive Economic Zone, with full opportunity for the participation of all states and effective contributions by many of them--both developed and developing--whose positions were representative of all trends of opinion; and that as a result a set of articles has been drawn up that has met with general acceptance in all fundamental respects, although there were some adjustments and amendments advocated by several delegations that did not affect the essence of the political agreement reached on this Institution. At all events, through the negotiations in the world forum of the conference, total agreement has been evidenced by the states regarding the recognition of an economic zone of up to 200 miles in which the coastal state holds sovereign rights for economic and jurisdictional purposes with respect

Download

Copyright Disclaimer:
This site does not store any files on its server. We only index and link to content provided by other sites. Please contact the content providers to delete copyright contents if any and email us, we'll remove relevant links or contents immediately.